CHAPTER

9-100. LICENSING, CONTROL AND REGULATION OF BUSINESS AND REGULATION OF BUSINESSES.

PART

9-110. GENERAL PROVISIONS.

9-111. DEFINITIONS. 

As used in chapters 9-200, 9-300 and 9-400:

A.     "Business" means and includes all activities engaged in within this municipality carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business unless otherwise specifically provided.

B.      "Engaging in business" includes, but is not limited to, the sale of tangible  personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration  by persons engaged in any profession, trade, craft, business, occupation or  other calling, except the rendering of personal services by an employee to his  employer under any contract of personal employment.

C.      "Place of business" means each separate location maintained or operated by the licensee within this municipality from which business activity is conducted or transacted.

D.     "Employee" means the operator, owner or manager of a place of business and any persons employed by such person in the operation of said place of business in any capacity and also any salesman, agent or independent contractor engaged in the operation of the place of business in any capacity.

E.      The term "wholesaler" means a person doing a regularly organized wholesale jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale.

F.      The term "wholesale" means a sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified.

G.     "Each separate place of business" shall mean each separate establishment or  place of operation, whether or not operating under the same name, within the  municipality, including a home or other place of lodging if the same is held  out by advertisements, listings or otherwise as the establishment or place of  operation of a person engaging in the business of selling tangible, personal  property at either retail or wholesale, or both, in the municipality.

9-112. BUSINESS LICENSE REQUIRED. 

It shall be a class B misdemeanor for any person to transact, engage in or carry On any business, trade, profession, calling or to operate a vending, pin-ball or coin operated machine without first receiving the class or type of license required by the municipality.

9-113. LICENSE ASSESSOR AND COLLECTOR. 

The recorder/clerk is designated and appointed as ex officio assessor of license fees for this municipality. On receipt of any application of a license, the 

recorder/clerk shall assess the amount due thereon and shall collect all license fees. The City Council shall from time to time establish the fees by resolution.  The fees will be listed in the current fee schedule. He shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any  of the provisions of this title.

9-114. PAYMENTS DATES. 

All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:

A.     Annual fees shall be payable before each calendar year in advance. The annual license shall date from the first day of January of each year and shall expire on December 31 of each year.

B.      Annual fees shall be due on the first day of each calendar year and shall become delinquent if not paid by March 1 each year.

C.      One-half of annual fee shall be payable for all licenses issued by the municipality pursuant to applications made after July 1 of each year and licenses issued after July 1 shall expire on the first day of the following  January. Payment shall be due upon the date of application approval.

9-115. RESERVED.

9-116. APPLICATIONS FOR LICENSE.

A.     All applications for license shall include but not be limited to:

1.       The name of the person desiring a license.

2.       The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.

3.       The class of license desired, if such licenses are divided into classes.

4.       The place where such business, calling, trade or profession is to be carried on, giving the street number if the business calling, trade or profession is to be carried on in any building or enclosure having such number.

5.       The period of time for which such license is desired to be issued. In the event that the license application relates to a coin-operated machine or device, the application shall identify the machine or device to which it applies  and the location thereof.

9-117. CERTIFICATE. 

A.     All certificates of license shall be signed by the mayor, attested by the recorder, and shall contain the following information:

1.       The name of the person to whom such certificate has been issued.

2.       The amount paid.

3.       The type of license and the class of such license if licenses are divided into classes.

4.       License period will be one year.

5.       The place where such business, calling, trade or profession is to be conducted.

9-118. DISPLAY.

A.     Every certificate of license issued under this title shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person ready to be shown on request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted.

B.      In the event the license is for a coin-operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued.

9-119. TRANSFER OF LICENSE PROHIBITED. 

A.     No license granted or issued under any ordinance of this municipality shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named unless by permission of the governing body.

9-120. REVOCATION OR DENIAL OF BUSINESS LICENSE.

A.     Any license issued pursuant to the provisions of this code or of any ordinance of this municipality may be revoked and any application denied by the governing body because of:

(1)    The failure of the licensee or applicant to comply with conditions and requirements of this code or any ordinance of the municipality.

(2)     Unlawful activities conducted or permitted on the premises where the business is conducted.

B.      Prior to the revocation of a license or denial of an application to renew  business license, the licensee or applicant shall be given a notice which shall  state in substance that the governing body intends to revoke the business  license or deny the application to renew, together with the reason or reasons  therefor, at a regular or special meeting of the governing body (which shall be  at least ten days and not more than 30 days from the date notice is sent) and  that the licensee or applicant has a right to appear, to be represented by  counsel, to hear the evidence against him, to cross-examine witnesses and to  present evidence as to why the license should not be revoked or the  application denied.

C.      The preceding subsection shall not apply to applications for licenses for businesses which have not previously been licensed by the municipality, and such applicants need only be informed that their application has been denied.

9-121. BRANCH ESTABLISHMENTS. 

A separate license must be obtained for each separate place of business in the  municipality and each license shall authorize the licensee to engage only in the  business licensed thereby at the location or in the manner designated in such  license, provided, that warehouses and distributing places used in connection with  or incident to a business licensed under this part shall not be deemed to be  separate places of business or branch establishments.

9-122. JOINT LICENSE. 

Whenever a person is engaged in two or more businesses at the same location  within the municipality, such person shall be required to obtain separate licenses  for conducting each of such businesses. The license tax to be paid shall be  computed at the highest license fee applicable to any of the businesses being  conducted at such location. The sale of beer or any other product or service  requiring an additional license shall be subject to such additional licensing  requirement. Where two or more persons conduct separate businesses at the same  location, each such person shall obtain a license for such business and pay the  required license tax for such business.

9-123. RECIPROCAL RECOGNITION OF LICENSES.

A.     No license shall be required for operation of any vehicle or equipment in this municipality when:

1.       Such vehicle is merely passing through the municipality.

2.       Such vehicle is used exclusively in inter-city or inter-state commerce.

B.      No license shall be required by chapters 9-200, 9-300 or 9-400 of any person whose only business activity in this municipality is the mere delivery in the municipality of property sold by him at a regular place of business maintained by him outside the municipality where:

1.       Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated, and,

2.       The authority licensing such business grants to licensees of this municipality making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section, and,

3.       Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of this municipality for compliance with health or sanitary standards prescribed by this municipality, and,

4.       The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol used by the said licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.

C.      The recorder shall at the request of any person certify a copy of this section to any municipality or county of the state of Utah to which a copy has not previously been certified. 

9-124. EXEMPTIONS TO LICENSE. 

A.     No license fee shall be imposed under chapters 9-200 or 9-300 on any person  engaged in business for solely religious, charitable, eleemosynary or any other  types of strictly non-profit purpose which is tax exempt in such activities  under the laws of the United States and the state of Utah, nor shall any  license fee be imposed on any person engaged in a business specifically  exempted from municipal taxation and fees by the laws of the United States  or the state of Utah; nor shall any license fee be imposed upon any person not  maintaining a place of business within this municipality who has paid a like  or similar license tax or fee to some other taxing unit within the state of Utah  and which taxing unity exempts from its license tax or fee, by reciprocal  agreement or otherwise, businesses domiciled in this municipality and doing  business in such taxing unit.

B.      The license assessor and collector may, with approval of the governing body,  enter into reciprocal agreements with the proper officials of other taxing  units, as may be deemed equitable and proper in effecting the exemption  provided for in subsection A of this section. 

9-125. FEE NOT TO CONSTITUTE UNDUE BURDEN ON INTERSTATE COMMERCE. 

None of the license taxes provided for by chapter 9-300 shall be applied as to  occasion an undue burden on interstate commerce. In any case, where a license  tax is believed by a licensee or applicant for license to place an undue burden  upon such commerce, he may apply to the license assessor and collector for an  adjustment of the tax so that it shall not be discriminatory, unreasonable or  unfair as to such commerce. Such application may be made before, at or within  six months after payment of the prescribed license tax. The applicant shall, by  affidavit and supporting testimony show his method of business and the gross  volume or estimated gross volume of business and such other information as the  license assessor and collector may deem necessary in order to determine the  extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant's business with  other businesses of like nature and shall make findings of facts from which he  shall determine whether the tax fixed by chapter 9-300 is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the governing body a license tax for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the governing body is satisfied that  such license tax is the amount that the applicant should pay, it shall fix the  license tax in such amount. If the regular license tax has already been paid, the governing body shall order a refund of the amount over and above the tax fixed  by the governing body. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or  employees, or may use any other method which will assure that the fee assessed  shall be uniform with that assessed on businesses of like nature.

CHAPTER

9-200. BUSINESSES LICENSED ON AN ANNUAL FEE.  

PART

9-210. FEE LEVIED.

9-211. SCHEDULE.

There is hereby imposed and levied a tax of $25.00 on the business, location,  trade, calling or profession on every person engaged in a business within this  municipality.

CHAPTER

9-300. BUSINESS LICENSED ON THE BASIS OF GROSS RECEIPTS.

Reserved. 

CHAPTER

9-400. LICENSING AND REGULATING SPECIFIC BUSINESSES.

PART

9-410. INTOXICANTS. 

9-411. LICENSE TO SELL BEER AT RETAIL. 

1. It shall be a class B misdemeanor for any person to engage in the business of selling light beer at retail, in bottles or draft, without first having procured a license therefore from the governing body and paid the license fee required by this part.
2. It shall be a class B misdemeanor for any person to sell beer after the revocation of the license issued pursuant to this part.
3. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the Utah Liquor Control Act and the regulations of the Liquor Control Commission. 

9-412. DEFINITIONS. 

The words and phrases used in this part shall have the meanings specified in the Utah Liquor Control Act unless a different meaning is clearly evident. 

 9-413. RETAIL LICENSES. 

Retail licenses issued hereunder shall be of the following three kinds and shall carry the following privileges and be known as class "A", class "B", class "C”, and "seasonal licenses". 

1. Class "A" retail licenses issued hereunder shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.
2. Class "B" retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on or off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.
3. Class "C" licenses for retail shall entitle the licensee to sell draft beer for consumption on or off the premises and to sell beer in accordance with the Utah Liquor Control Act and the ordinances of this municipality.
4. "Seasonal licenses" of any class by be issued for a period of time not to exceed one year which period shall be determined by the governing body. 

 9-414. BEER LICENSE FEES. 

In addition to any other business license fee which any person or place of business may be required to pay, the city council shall from time to time enact by a fee for an annual beer license. This fee shall be listed in the current fee schedule. 

 9-415. LICENSE FEES TO ACCOMPANY APPLICATION. 

Applications provided for in this part shall be accompanied by the fees provided in this part. The fee shall be returned to the applicant if the application is denied. 

 9-416. PURCHASE OF BEER FOR RESALE. 

It is a class B misdemeanor for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Liquor Control Act. 

 9-417. APPLICATION FOR LICENSE.

1. All applications for licenses authorized by this part shall be verified and shall be filed with the recorder. The applications must state the applicant's name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the Liquor Control Act and this part. If the applicant is a co-partnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.
2. Application must be subscribed by the applicant who shall state under oath that the facts therein contained are true. 

9-418. APPLICATIONS REFERRED TO CHIEF OF POLICE.

All applications filed in accordance with the provisions of this part shall be referred to the chief of police for inspection and report. The chief of police shall  when possible within 2 weeks after receiving such application make report to the  governing body of the general reputation and character of the persons who  habitually frequent such place; the nature and kind of business conducted at such  place by the applicant or by any other person or by the applicant at any other  place; whether the place is or has been conducted in a lawful, quiet and orderly  manner; the nature and kind of entertainment, if any at such place; whether  gambling is or has been permitted on the premises or by the applicant at any  other place; and the proximity of such premises to any school or church. The chief of police shall also add to such report his recommendation as to whether or  not the application should be granted. 

 9-419. RENEWALS. 

All applications for renewal licenses filed by the holders of existing licenses shall be filed with the recorder at least thirty days prior to the expiration date of the then issued license. Any person who fails to file such application with the time limit shall close his licensed premises on the expiration date of the then issued  license and shall keep the pre- mises closed for any all business for the sale of  beer until the date of his new license is issued by the governing body. 

 9-420. QUALIFICATION. 

No license shall be granted to any retailer to sell light beer within the municipality unless he shall be of god moral character, over the age of twenty one years, and a citizen of the United States, or to any one who has been  convicted of a felony or of any violation of any law of the State of Utah or  provision of the ordinances of this municipality relating to intoxicating liquors, or  of keeping a gambling or disorderly house, or who has pleaded guilty to or has  forfeited his bail on a charge of having committed a felony or of having violated  any such law or ordinance, or to any partnership, any member of which lacks any  of the qualifications set forth in this section, or to any corporation, of which any  director of officer lacks any such qualifications. 

 9-421. BOND REQUIRED. 

No license under this part shall be granted by the governing body until the applicant shall have filed with the recorder a bond in the sum and as required by  Section 32B-13-201 et seq., Utah Code Annotated. The bond shall be made in favor of this municipality. 

 9-422. DEPARTMENT OF HEALTH PERMIT. 

No license under this part shall be issued until the applicant therefor shall have first procured from the department of health of the municipality a permit which  shall show that the premises to be licensed are in a sanitary condition and that the  equipment used in the storage, distribution or sale of light beer complies with all  the health regulations of this municipality and the state of Utah.

 9-423. TRANSFER OF LICENSE. 

Licenses issued pursuant to this part shall not be transferrable, and if revoked by  the governing body, the fee paid by the licensee to the municipality for the  license shall be forfeited to the municipality. 

 9-424. RESTRICTIONS. 

1. It is unlawful for any person to sell beer at any public dance or to any person intoxicated, or under the influence of any intoxicating beverage. It is unlawful for any person to sell beer in any dance hall or theater, and a license to sell beer shall not be granted to any person to sell beer at any business or premise where gasoline for the use in motor vehicles is sold.
2. No license shall be granted to sell beer in any dance hall, theater, or within 75 yards of any church or within 75 yards of any school.
3. It shall be unlawful to sell beer to any person under the age of 21, or to sell beer for consumption on the premises unless so licensed, or to permit the drinking of liquor on such premises.
4. It shall be unlawful to sell or otherwise furnish or dispose of beer, or allow it be drunk or consumed on the premises or to allow beer out of original containers to remain in the licensed premises, whether or not open to the public, after the closing hour or 6:00 p.m. and before 9:00 a.m. of any day.
5. Any person having a Class "B" or "C" beer license, or his agents or employees, shall remove or cause to be removed from the licensed premises all patrons, customers or individuals not employed on the premises by the time above stated in section D.
6. It shall be unlawful for any person having a Class "B" or "C" beer license or  for his agents or employees to permit any patron, customer or individual not  employed on the premises to remain on such premises after the closing time  above provided; provided however, no licensed premises may employ more  than two persons on the premises after the closing hour with the permission  of the chief of police or mayor.
7. Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth, or kind of stall shall be maintained unless all tables, chairs and occupants are kept open to full view from the main floor and the entrance of such licensed premises. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the liquor control commission of Utah, provided that a simple designation of the fact beer is sold under city license may be placed in or upon the window or front of the licensed premises.
8. It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provisions of this part.
9. It shall be unlawful to keep or maintain a nuisance as defined in this part.  J. The total number of businesses licensed to sell beer in the municipality of Altamont shall not exceed one, provided that this ordinance shall not operate to reduce the number of businesses now licensed to sell beer whether issued by this municipality or by the county if such business is annexed, nor shall it affect re-applications for such licenses. 

9-425. SUNDAY SALES PROHIBITED. 

It shall be unlawful for any person having a license for the sale of beer to sell, barter, distribute, give away, exchange, dispense, or serve beer on the first day of the week commonly known as “Sunday”. 

 9-426. INSPECTION.

1. All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the municipality or the liquor control commission, or the state board of health, and every licensee shall, at the request of the board of health furnish to it samples of beer which he shall have for sale.
2. Any license granted pursuant to this part may be revoked on a finding by the governing body that the licensee has had ten days or more notice from the board of health that the licensee is violating one or more health ordinance, rule or regulation.
3. The governing body may direct the chief of police to close down any business licensed under this part where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business. 

 9-427. REVOCATION OR SUSPENSION. 

1. The governing body may, after a hearing, revoke or suspend any beer license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this part or any ordinance of this municipality whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.
2. A hearing may be requested by any person:
1. That is denied or refused a beer license by any officer, agent or employee of this municipality.
2. Whose beer license is revoked, restricted, qualified, or limited from that for which it was first issued.
3. The request for hearing must be made in writing to the mayor or recorder and made within 30 days following the date notice denying, refusing, revoking, qualifying, restricting or revoking the beer license is mailed by the municipality to the applicant or license holder at his address as it appears on the application or license.
4. Following receipt of a request for hearing, the governing body shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the municipality may produce to support its decision and to present his own evidence in support of his contention. The governing body shall, within ten days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.
5. This part shall not be constructed so as to afford any aggrieved party more  than one hearing before the city council nor shall the hearing provided in this  part apply to any criminal complaint or proceeding. 

PART

9-430. CONSTRUCTION CONTRACTORS. 

9-431. PURPOSE. 

The purpose of this part is to establish a system of imposing license fees upon  persons engaging in business within the limits of the municipality as contractors.  The licenses are designed to be determined upon the basis of each contract or job  being performed. It is the opinion of the governing body that this method of  determining the amount of fee will result in fair taxation and will not discriminate  against the contractor who performs only a few jobs within the municipal limits as  distinguished from the contractor who performs many. 

9-432. DEFINITIONS. 

1. "Contractor" means any person, firm, co-partnership, corporation, association, or other organization, or any combination thereof, who for a fixed sum, price,  fee, percentage, or other compensation other than wages, undertakes any building, highway, road, railroad, excavation or other structure, project, development, or improvement, other than to personality, or any part thereof,  provided, that the term contractor, as used in this part, shall include anyone  who builds more than one structure on his own property during any one year  for the purpose of sale and shall include subcontractors, but shall not include  anyone who merely furnishes material or supplies without fabricating the  same into, or consuming the same in the performance of the work of the contractors as herein defined.
2. Types of Contractors: As an illustrative list of contractors subject to the  provisions of this part, but not in limitation thereof, the following occupations  are subject to this part: general contractors, specialty contractors of all kinds, such as, but not limited to those engaged in the business of installing, repairing or otherwise performing services in connection with: acoustical tile  ^{and roof decking; awnings, storm doors, and windows; air conditioning, dry} heating, sheet metal; boilers, steamfitting; carpentry; cement and concrete;  ceramic tile; cabinet and millwork; composition floor, countertops, tile; carpet; drywall; elevator installation; electrical; excavating and grading; fencing; floor coverings; fire prevention (structural); furnaces and burners;  glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing; lawn sprinklers; masonry; mosaic tile and terazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet heating; roofing and siding; swimming pool;  signs, stone masonry; sewer installation; steel reinforcing and erection; tanks  (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing. 

 9-433. DOING BUSINESS WITHOUT REGISTRATION AND A LICENSE UNLAWFUL. 

Any person desiring to engage in business as a contractor within the corporate limits of this municipality must comply with the two following requirements: 

1. Prior to engaging in any subject business activity during any calendar year, he must register for the calendar year as a contractor by completing and filing a registration form in the office of the recorder/clerk.
2. Prior to the performance of any services in connection with any specific contract or job, the person shall secure a license to engage in the performance of service connected with said specific job or contract from the office of the recorder/clerk. 

9-434. REGISTRATION. 

1. Any person desiring to engage in business as a contractor shall complete and file in the office of the recorder a registration form provided to him by the municipality which shall show:
1. The name of the contractor.
2. The address and telephone number of the contractor.
3. The type of organization, e.g., corporation, partnership or sole proprietor.
4. If a partnership or a corporation or other artificial person, the name, address, and telephone number of the person responsible for the functions of the organization:
1. Whether or not licensed under the contractor's license law of the state of Utah; if so, the license number of the contractor.
2. Type of business in which registrant seeks to engage, e.g., general contractor or one of the specialty contractors.
3. Such other information as the governing body may by regulation require.
2. Any person seeking to register for the privilege of doing business as a  contractor within the limits of this municipality for any calendar year, or any  part thereof, shall pay an annual registration fee of $25.00 .

9-435. JOB LICENSE FOR EACH CONTRACT.

1. Any person desiring to perform services as a contractor shall, in addition to registering, as above required, secure a job license granting to him the privilege of performing the services required for him for each contract or job which he proposed to complete. 

PART

9-450. SOLICITORS, CANVASSERS, PEDDLERS AND ITINERANT  MERCHANTS. 

9-451. LICENSE REQUIRED.

It shall be unlawful for:

1. A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license therefore in compliance with the provisions of this part.
2. Any person to engage in the business of peddler without first obtaining a permit and license therefore as provided in this part.
3. Any solicitor or canvasser to engage in such business without first obtaining a permit and license therefore in compliance with the provisions of this part. 

 9-452. DEFINITIONS. 

1. "Transient merchant", "itinerant merchant" or "itinerant vendor" is defined as any person, firm or corporation, whether as owner, agent, co-signee or employee, whether or not a resident of the municipality, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or  any street, alley, or other place within the municipality, for the exhibition and  sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this part merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
2. "Peddler" as used in this part shall include any person, whether or not a resident of the municipality, traveling by foot, wagon, motor vehicle, or any  other type of conveyance, from place to place, from house to house, or from  street to street carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or  provisions, offering or exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance, and further pro- vided that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this part shall be deemed a peddler subject to the provisions of this part. The word “peddler" shall include the words "hawker" and "huckster".
3. "Canvasser" or "solicitor" means any individual whether or not a resident of  the municipality, traveling either by foot, wagon, motor vehicle, or other type  of conveyance, from place to place, from house to house, or from street to  street, taking or attempting to take orders for the sale of goods, wares and  merchandise, personal property of any nature whatsoever for future delivery,  of for services to be furnished or performed in the future, whether or not such  individual has, carries, or exposes for sale a sample of the subject of such  sale, or whether he is collecting advance payments on such sales, provided that such definition shall include any person who, for himself, or for another  person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodging house, apartment, shop or any other place within the municipality for the sole purpose of exhibiting samples and taking orders for future delivery. 

 9-453. APPLICATION FOR LICENSE. 

1. Applicants for permits and licenses under this part, shall file a sworn application in writing signed by the applicant, if an individual, by all partners, if a partnership, and by the president if a corporation, or by an agent, including a state or regional agent, with the recorder which shall give the following information:
1. The name of the applicant, and if the applicant is an employee or agent of a corporation, the name of the corporation.
2. The address of the applicant, and if the applicant is an agent or employee of a corporation, the address of the corporation.
3. A brief description of the nature of the business and the goods to be sold and from whom and where the applicant obtains the goods to be sold.
4. If the applicant is employed by or an agent of another person, the name and permanent address of such other person or persons.
5. The length of time for which the applicant desires to engage in business within the municipality.
6. The place or places within the municipality where the applicant proposes to carry on his or her business.
7. A list of the other municipalities in which the applicant has engaged in business within the six-month period preceding the date of the application.
8. A photograph of the applicant, taken within six months immediately prior to the date of filing the application, which photograph shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
9. A statement as to whether or not the applicant, or any of his employers have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore.
10. If the applicant desires to sell fresh vegetables, fruits, meats, or other foodstuffs, a statement by a reputable physician in the state of Utah, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable diseases.
11. If the applicant is employed by another person, firm or corporation, documents showing that the person, firm or corporation for which the applicant proposes to do business is authorized to do business within the state of Utah.
2. At the time of filing the application, a fee of $10.00 shall be deposited with  the recorder/clerk, is required. 

 9-454. INVESTIGATION AND ISSUANCE OF LICENSE. 

1. On receiving the application, the recorder shall refer it to the chief of police who shall cause such investigation of the applicant's business and moral character to be made as he deems reasonable and necessary for the protection of the public good.
2. If as a result of the investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse such upon the application together with a statement of his reasons therefor and return the application to the recorder who shall notify the applicant that his application has been disapproved and that no permit and license will be issued.
3. If as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the chief of police shall endorse such upon the application and return it to the recorder who shall upon payment of  the prescribed license fee deliver to the applicant his permit and issue a license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date. 

 9-455. FEES. 

1. The license fee which shall be charged by the recorder/clerk for any license issued pursuant to this part shall be $25.00 per day, $50.00 per week, $100.00 per month, or $200.00 per year.
2. None of the license fees provided for by this part shall be applied so as to engage an undue burden upon interstate commerce. In any case where a license fee is believed by the licensee or applicant for license to place an undue burden upon interstate commerce, he or she may apply to the mayor for an adjustment of the fee so that it will not be discriminatory, unreasonable, or unfair to interstate commerce. Such application may be made before, at or within six months after paying the prescribed license fee. 

 9-456. LICENSES, BADGES, REVOCATION, EXPIRATION, APPEAL. 

1. A recorder/clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor," "Licensed Transient Merchant," or "Licensed Peddler" as the case may be, for which the application was made and the license issued, and the number of the license, in letters and figures easily discernable from a distance of five feet. Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.
2. Any person licensed pursuant to this part shall exhibit their license at the request of any citizen of the municipality.
3. It shall be the duty of any police officer of this municipality to require any person seen soliciting, canvassing or peddling, and who is not know by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this part.
4. Revocation of license.
1. Permits and licenses issued pursuant to this part may be revoked by the chief of police or the recorder/clerk, after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation or a false statement contained in the application for the licensed.
2. Fraud, misrepresentation for false statement made in the course of carrying on his business as solicitor or canvasser.
3. Any violation of this part.
4. Conviction of any crime or misdemeanor involving moral turpitude.
5. Conducting the business of soliciting, or of canvassing in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
6. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or at the address shown on his application. The hearing and notice shall in all other aspects substantially comply with Chapter 1-400. 
5. Any person aggrieved by the action of the chief of police or the recorder in the denial of a permit or a license issued pursuant to this part, or by the action of the city council of the municipality. Such appeal shall be taken by filing with the council within 14 days after notice of the action complained of has been mailed to such person's last known address or address on the business application, a written statement setting forth fully the grounds for the appeal.  The council shall set a time and place for the hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as above proved in section D.
6. All licenses issued pursuant to this part shall expire on the date specified on the license. 

9-457. ADDITIONAL REQUIREMENTS. 

This part shall not be construed so as to waive the provisions and requirements of any other ordinance of this municipality and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of this municipality. 

9-458. EXCEPTIONS. 

The provisions of this part shall not apply to any individual who is at the time he  is engaged in any activity which would otherwise require licensing by this par,  engaged in an activity which is authorized by any church or charity which has a  permanent structure located within the state of Utah, provided such church or  charity has had such permanent for at least six months prior to the date when the  individuals engaged in the activity which would otherwise require licensing by  this part.

CHAPTER 

9-500 and 9-600. BUILDING REGULATIONS.  

PART

9-510. BUILDING OFFICIAL 

9-511. BUILDING OFFICIAL. 

There is hereby created the position of building official who shall also be known as the municipal building inspector. 

9-512. STOP ORDER. 

The building inspector shall have the power to order all work stopped on construction, alteration or repairs of buildings in the municipality when such work is being done in violation of any provisions of any ordinance relating thereto, or in violation of the subdivision or zoning ordinance. Work shall not be resumed after the issuance of such order except on the written permission of the inspector, provided that if the stop order is an oral one, it shall be followed by a  written stop order within one hour. Such written stop order may be served by any peace officer or authorized person. 

 9-513. ENTRY POWERS. 

The building inspector shall have the power to enter into any building or the premises where the work of altering, repairing or constructing any building or  structure is going on, for the purpose of making inspections at any reasonable  hour, pursuant to any of the provisions of chapter 9-500 and 9-600 and title 10- 000 of this code. 

9-514. ADDITIONAL DUTIES OF BUILDING INSPECTOR. 

The building official (inspector) shall in addition to all other duties imposed on him by this municipality:

1. Enforce the provisions of the Uniform Building Code.
2. Inspect all buildings, structures, ditches, signs, fences and objects to determine their safety and effect on the persons who are within this municipality.
3. Until such time as a plumbing inspector is appointed or designated, the building inspector shall be responsible for enforcing part 9-560 of this title.
4. Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:
1. be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure,
2. use construction materials and utility equipment that are resistant to flood damage, and
3. use construction methods and practices that will minimize flood damage.
5. Review subdivision proposals and other proposed new developments to assure that
1. all such proposals are consistent with the need to minimize flood damage,
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and
3. adequate drainage is provided so as to reduce exposure to flood hazards.
6. Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. 

PART

GENERAL PROVISIONS.

9-521. PERMIT REQUIRED - EXCEPTIONS. 

1. It shall be a class C misdemeanor for any homeowner and a class B misdemeanor for any person who receives payment or anything of value to construct or alter any building or structure, except a fence, without first securing the permit required by this chapter.
2. This section shall not apply where the retail cost of the materials used in the construction or alteration is less than $50.00, except that it shall apply in the cases where the construction or alteration results in an enlarged structure or  affects the walls of the building or structure. 

 9-522. APPLICATION FOR PERMIT. 

A building permit shall be secured from the recorder on written application  accompanied by plans and specifications in duplicate which must state the  specific nature of the construction or alterations to be made. The plan must be  verified by the person who will perform or be in charge of the construction or  alteration. 

 9-523. APPROVAL OF PLAN. 

The application and plans shall be forwarded from the recorder to the building  inspector, who shall review the plan to determine whether the proposed  construction or alteration conforms to the building codes and ordinances of this  municipality. The building inspector shall return the plans to the recorder within  ten days with the statement "approved" if the plans do conform or "disapproved"  if the plans do not conform. If the plans are disapproved, the reasons therefore  shall be annexed to the plans. On receipt of an approved plan, the recorder shall  issue a permit to the applicant together with one set of the approved plan. One set  of the plans shall be retained by the building inspector. The building inspector  may revoke at any time a permit which has been issued for any building  constructed or being constructed or which would be or result, if constructed, in a violation of any ordinance of this municipality. 

 9-524. VARIATIONS OF PLAN PROHIBITED. 

No material variation from the approved plan shall be allowed unless such variations shall first have been approved in writing by the building inspector. 

 9-525. FEE SCHEDULE.

The clerk/recorder shall collect a fee for the application of a permit in the amount set forth in the appropriate appendix to this code. 

PART

9-530. BUILDING CODE. 

9-531. ADOPTION OF BUILDING CODE. 

The Uniform Building Code, 1982 Edition, published by the International  Conference of Building Officials and printed as a code in book form, one copy of  which have previously been filed with the recorder for use and examination by  the public, hereby is approved and adopted as the building code of this municipality. 

9-532. RESERVED.

9-533. ESTABLISHMENT OF FIRE DISTRICTS OR ZONES.

The areas described in the appropriate appendix are hereby established as fire districts or zones. 

PART

9-540. ELECTRICAL CODE.

The National Electrical Code, such edition that may from time to time be adopted  by resolution by the City Council, published by the National Electrical  Contractors Association and approved by the National Electrical Contractors Association and approved by the National Board of Fire Underwriters, American  Standards Association and the National Fire Protection Association and printed  as a code in book form, three copies of which have been previously filed with the  recorder for use and examination by the public, hereby is approved and adopted  as the electrical code of this municipality. 

 9-541. ELECTRICAL INSPECTION. 

The building inspector shall per- form all functions of electrical inspection and shall among other things, inspect and supervise the construction, installation, and  repairs of all electric light and power wiring, fixtures, appliances, or apparatus  installed within the limits of the city and shall require compliance with the  provision of the electrical code. The building official shall require the correction of such defects as he deems actually dangerous to life or property. Those same enforcement standards established in the Uniform Building Code shall be followed by the building inspector for all electrical work. 

 9-542. PERMITS AND INSPECTIONS. 

No alterations or additions shall be made in existing wiring, no shall any wirings or any apparatus which generates, transmits, transforms or utilizes any electricity be installed without first obtaining a permit there- fore except minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Applications for such permit describing such work shall be made in writing and shall conform as far as practicable to the requirement set forth in section 9-522 of this title. This section shall not apply to installations in power houses and substations belonging to electric light companies. No permit shall be issued to any applicant for a permit during the time that he fail to correct any defective electrical installation after he has been duly notified to correct such defective work by the building inspector. 

 9-543. PERMIT FEES. 

The electrical permit fees applicable in this municipality for use under the National Electrical Code, 1981 Edition, shall be the amount set forth in the appropriate appendix to this code. 

 9-544. ELECTRICAL DISTURBANCES. 

1. Electrical installations for signs, equipment, or other facilities create electrical disturbances that cause interference with normal radio or television reception beyond the immediate vicinity of such electrical installations are hereby declared to be a nuisance. The owners or operators thereof shall so install and maintain such installations as to avoid or eliminate such interference, using all known means and devices for such purpose, such as proper grounding, connections, condensers, resistors, and live chokes.
2. The building official shall withhold or withdraw approval of any electrical installation causing the above disturbance, and is hereby authorized to take all steps necessary for the abatement of such conditions. 

PART

9-550. ELECTRICAL INSTALLATIONS.

9-551. ELECTRICAL INSTALLATIONS - BUSINESS LICENSE REQUIRED.

No person shall engage in the installation, alteration, repair, or construction of any electrical work, wiring, fixtures, appliances, or equipment inside or outside of any building, except work done for or on the property of the municipality, without first securing a business license and paying the fee therefore as provided in section 9-543 of this chapter. 

9-552. NOTIFICATIONS.

It shall be unlawful for any person to do or cause to be done any electrical wiring or other electrical installation in the building or structure within the municipality without first notifying the building inspector of the kind of nature of such electric wiring or other electrical installation and the location for the building or structure in which the same is to be installed. 

9-553. INSPECTION.

All electric wiring or other electrical installations shall be subject to supervision and inspection by the building inspector. It shall be unlawful for any person to do or cause to be done any electrical wiring or electrical installations without first obtaining the permit required by 9-542 of this chapter. 

9-554. UNLAWFUL INSTALLATION - DISCONNECTION. 

1. If the building inspector shall find any part of any electric light or power  wiring, appliances, apparatus, or fixtures in or upon any building in the municipality to have been installed without permit, or installed not in  accordance with the provisions of the Electrical Code or to be dangerous to life or property, the inspector shall have the right and power to disconnect such defective work, fixtures, appliances, or apparatus and place a seal upon the same, and shall at the same time give written notice of such disconnection to the owner or occupant of the building.
2. After such disconnected wiring, fixtures, appliances, or apparatus have been put in the condition required by this part, the seal so place shall be removed by order of the inspector. 

9-555. NOTIFICATION TO INSPECT. 

1. Upon completion of the installation of any electrical wiring, fixtures,  appliances, or apparatus in or on any building, it shall be the duty of the  person doing the work to notify the building inspector who shall cause the  same to be inspected and, if approved, to issue a certificate of inspection  which shall contain the date of such inspection and a statement that the  installation is approved.
2. It shall be unlawful for any person to turn on or connect the current with such installation until such certificate shall be issued and it shall also be unlawful to make any change, alteration, or extension in or to the installation of any electrical wiring, fixtures, appliances, or apparatus in or on any building after inspection without notifying the municipal wiring inspector and securing a permit to do so.
3. The requirement of permits, inspection, and supervision shall not apply to minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, and repairing drop cords, and wiring for appliances and devices operating at less than 25 volts. 

PART

9-560. PLUMBING CODE. 

9-561. PLUMBING CODE ADOPTED. 

The Uniform Plumbing Code, 1979 Edition, published by the International Association of Plumbing and Mechanical Officials as a code in book form, one copy of which have been filed for use and examination by the public in the office of the town clerk, hereby is approved and adopted as the plumbing code of this municipality except as otherwise altered or modified by the ordinances of this municipality. 

 9-562. APPLICATION AND SCOPE. 

The provisions of this part shall apply to, but not be limited to, all new construction, relocated buildings, and to any installation, alteration, repair or reconstruction of a plumbing system within the municipality except as otherwise provided in this part. 

 9-563. PLUMBING INSPECTOR - DUTIES.

1. There is hereby created the position of plumbing inspector. 
2. The plumbing inspector shall issue permits to properly licensed, bonded and registered persons. Licensing should be for work to be done within the scope of this part. The plumbing inspector:
1. Shall order changes in workmanship and/or materials essential to enforce compliance with all provisions of the plumbing code.
2. Shall investigate any construction or work regulated by this part and issue such notices and orders as are necessary to prevent or correct dangerous or unsanitary conditions.
3. May recommend the revocation of any license to the state department of business regulation for cause, and report to the department of regulation all violation of this part by journeymen, apprentices or contractors. 

9-564. ALLOWANCE FOR EXCEPTION TO ORDINANCE. 

Where structural conditions impose extreme difficulty in fully complying with the plumbing regulations of this part, any aggrieved party may apply in writing to the plumbing inspector for special permission to deviate from the regulations.  If in the judgment of the plumbing inspector such deviation is reasonable and does not create an unsanitary or unsafe condition, he shall recommend to the governing body that the request for deviation be approved or disapprove, or that approval is subject to such conditions as the governing body may require. The governing body, on review, may approve or disapprove the application or vary the condition on which approval is granted. 

 9-565. RIGHT OF ENTRY GRANTED. 

The plumbing inspector shall have the right of entry within reasonable hours to any building or premises for the purpose of inspection or to investigate any work or conditions governed by this part. 

 9-566. POWER TO CONDEMN GRANTED. 

The plumbing inspector is hereby empowered to condemn and order repaired, removed, replaced or changed any plumbing found in any unsanitary condition or not in accordance with this part. Failure to comply with the order within a reasonable time is an infraction. 

9-567. INTEREST IN SALE OR INSTALLATION OF EQUIPMENT PROHIBITED. 

The plumbing inspector and his assistants shall not in any way engage in the sale or installation of plumbing equipment upon which they are required to make inspection hereunder. 

 9-568. PERMITS REQUIRED. 

No plumbing shall be installed, nor additions or alterations made in existing plumbing except as pro- vided in section 9-572 without first obtaining a permit.  Application for such permits shall be in writing to the recorder and shall describe the nature of the work to be done and affirm that the plumbing will conform to the plumbing code. No permit shall be issued to any applicant during the time he shall fail to correct any defective plumbing installed by him after he has been notified in writing by the plumbing inspector of defective work. 

 9-569. REVOCATION OF PERMIT. 

The plumbing inspector may revoke any permit when the person to whom the permit is issued fails, neglects, or refuses to do the work thereunder in conformance with this part, or when the permit is issued in error. 

 9-570. EXPIRATION OF PERMIT. 

Every permit issued by the plumbing inspector shall expire and become null and void if work authorized by such permit is not commenced within sixty days from the date such permit is issued, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and twenty days or more. 

 9-571. DENIAL OF PERMIT. 

The plumbing inspector may refuse to issue permits for any plumbing work to any person who has had a permit revoked in accordance with this part during such time as such person fails to perform plumbing work in conformance with this part. 

 9-572. PERMITS NOT REQUIRED. 

A.     Repairs which involve only the working parts of a faucet or valve, the clearance of stoppages, the repairing of leaks or the replacement of defective faucets or valves may be made without a permit provided that the permits shall be procured to replace fixtures, traps, soil, waste, and vent pipes unless waived by the plumbing inspector.

B.      Any person regularly employed by an owner or lessee of property, or his agents, for the sole purpose of operating and maintaining such property and to make minor repairs thereof, and any owner or lessee of property shall be exempt from the provisions of this part when doing for work which permits are not required. 

 9-573. HOMEOWNER PERMIT. 

Any permit required by this part may be issued to any person to do any plumbing  or drainage work regulated by this part in a single family dwelling used  exclusively for living purposes, including the usual accessory buildings and  quarters in connection with such buildings in the event that any such person is a  bona fide owner of any such dwelling and accessory buildings and quarters and  that the same are occupied by or designed to be occupied by the owner, and  further provided that the owner shall furnish the plumbing inspector with a  complete layout drawing of the proposed work, satisfies the plumbing inspector  that he has working knowledge of the requirements contained in this part, pays the  necessary fees, and calls for all inspections required by this part. 

 9-574. PERMIT FEES. 

Before a permit shall be issued, permit fees in the amount set forth in the appropriate appendix to this code shall be paid to the treasurer. 

 9-575. REINSPECTION CHARGE. 

After notice that any plumbing work is ready for inspection if the plumbing inspector calls at the place designated to make such inspection and finds the work not ready for inspection, he shall charge an additional fee of $10.00 dollars for  each additional inspection required, except that the governing body may from  time to time change the inspection fee required in this part by resolution.

 9-576. REFUSAL TO COMPLY WITH ORDER OF INSPECTOR. 

It shall be unlawful for any owner, agent or occupant of any building or premise to fail, neglect or refuse to repair, remove, replace or change within ten days after written notice to do so from the plumbing inspector, any plumbing condemned by such inspector, pro- vided that this section shall not apply to any occupant not responsible for the installation or repair of the condemned plumbing. 

 9-577. PENALTY. 

1. The violation of any provision of this part by any homeowner, building owner or manager of any building, apartment, hotel, motel or other structure shall be an infraction.
2. The violation of any provision of this part by any person who receives payment or anything of value for performing such work shall be a class B misdemeanor.

CHAPTER 

9-600. OTHER BUILDING OR CONSTRUCTION CODES. 

PART

9-610. INDIVIDUAL WASTEWATER (SEWAGE) DISPOSAL CODE ADOPTED. 

Part IV, “Individual Wastewater Disposal Systems,” of the Code of Waste  Disposal Regulations, adopted by Utah Division of Health and Utah State  Committee on water pollution in May, 1965, as revised by action of the Board in June, 1967, and issued and published as a code in book form, one copy of which  has been filed for use and examination by the public int eh office of the clerk, and  which established rules and regulations relating to the disposal of domestic waste  water discharge from single homes, multiple dwellings containing not more than  four individual unites, and commercial installations serving not more than 50  persons per day, is hereby adopted by the municipality as the ordnance relating to  individual waste water disposal systems within the municipality except as such  code may be altered or modified by the provisions of this part.  

PART

9-620. SMALL UNDERGROUND WASTEWATER DISPOSAL SYSTEM CODE ADOPTED. 

Part V, "Small Underground Wastewater Disposal Systems" of the Code of  Waste Disposal Regulations, adopted by the Utah division of health and Utah  state committee on water pollution in May, 1965, such edition that may from  time to time be adopted by resolution by the City Council, and issued and  published as a code in book form, three copies of which have been filed for use  and examination by the public in the office of the clerk, is hereby adopted by the  municipality as the small underground wastewater disposal systems code within  the municipality, except as it may be altered or modified by the provision of this  or the preceding chapter. Occupancies in existing building may be continued as provided in section 104(g) of the Uniform Building Code, except as to those structures which are found to be substandard as defined in the Housing Code.

PART

9-630. CODE FOR INSTALLING GAS PIPING AND APPLIANCES ADOPTED. 

 9-631. CODE ADOPTED. 

Recommended good practices for gas piping, appliance installation and venting, 1980 revision, published by Mountain Fuel Supply in book form, one copy of which has have been filed for use and examination by the public in the office of the recorder, is hereby adopted by this municipality. 

 9-632. SECTION OF CODE NOT ADOPTED. 

Section I of the Gas Code is not adopted. 

 9-633. CONSTRUCTION OF GAS CODE. 

The practices recommended, suggested or described by the word "should" are hereby made mandatory unless the building inspector or the gas company determine that it is in the best interests of and safe for the gas user and municipality to vary the requirements of the gas code, provided that such variation shall be in accordance with generally accepted gas use standards. 

9-634. VIOLATIONS DECLARED A NUISANCE. 

Violation of this part is hereby made a nuisance and shall be abated in the manner provided in Part 10-350, provided that conditions which present an immediate  danger to life may be abated by causing the gas to be immediately turned off.

PART

9-640. UNIFORM SIGN CODE ADOPTED. 

Reserved.

PART

9-650. UNIFORM HOUSING CODE. 

9-651. ADOPTION OF A HOUSING CODE. 

The "Uniform Housing Code," 1982 edition, printed as a code in book form by  the International Conference of Building Officials (providing minimum  requirements for the protection of life, limb, health, safety, and welfare of the  general public and the owners and occupants of residential buildings), one copy  of which have been filed for use and examination by the public in the office of the  clerk of this municipality, is hereby approved and adopted as the Housing Code of  this municipality. 

 9-652. APPLICATION. 

The provisions of the Housing Code shall apply to all buildings or portions thereof used, designed for use or intended to be used for human habitation.  Occupancies in existing building may be continued as provided in section 104(g) of the Uniform Building Code, except for such structures as are found to be substandard as defined in the Housing Code. 

 9-653. ALTERATION. 

Existing buildings which are altered or enlarged shall be made to conform to the housing code insofar as the new work is concerned, in accordance with section 104(a), (b), (c), (d), (e), and (i) of the Uniform Building Code. 

 9-654. RELOCATION. 

Existing building which are moved or relocated shall be considered as new buildings and shall comply with all requirements of the Housing Code. 

9-655. ESTABLISHMENT OF A HOUSING ADVISORY AND APPEALS BOARD. 

In order to interpret the provisions of the Housing Code and to hear appeals provided for hereunder, there is hereby established the housing advisory and appeals board consisting of five members who shall not be employees of the municipality. The building official shall be ex officio member of and shall act as secretary to the board. The housing advisory and appeals board may adopt reasonable rules and regulations for conducting its business. Its decisions and findings shall be in writing, copies of which shall go to the appellant and to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of the Housing Code. Copies of all rules or regulations adopted by the board shall be delivered to the building official who shall make them available to the public without cost. 

 9-656. VIOLATIONS. 

It shall be unlawful for any person, firm, or corporation, whether as owner,  lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, move,  improve, remove, demolish, equip, use, occupy, or maintain any building or  premises, or cause or permit the same to be done, contrary to or in violation of  any of the provisions of the Housing Code or any order issued by the building  official pursuant thereto. 

 9-657. PERMITS AND INSPECTIONS. 

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, cause or allow the same to be done, without first obtaining a separate building permit for each such building or structure from the building official in the manner and according to the applicable conditions prescribed in the Housing Code.

PART

9-660. FALLOUT SHELTERS. 

9-661. EXEMPTION FROM BUILDING CODE REQUIREMENTS. 

Due to the specialized purpose of emergency nature for which family fallout shelters are designed, any such shelter which complies with the provisions of this chapter is hereby exempt from the provisions of the Building Code, except as otherwise provided herein. 

9-662. DEFINITION. 

For the purpose of this part, a family fallout shelter is a structure designed and constructed for emergency use only, to afford minimum protection from nuclear radiation, commonly known as fallout, resulting from a nuclear incident which recently has been or is likely to be of catastrophic proportions. 

9-663. DESIGN. 

A family fallout shelter shall be of a design conforming to that recommended or accepted by the Federal Department of Defense, Office of Civil Defense. 

 9-664. CONSTRUCTION. 

A family fallout shelter shall, in all matters relating to construction and structural stability, comply with not less than the equivalent of the provisions relating to design loads and general building requirements specified in the Uniform Building Code. 

9-665. ADMINISTRATIVE APPLICATION OF BUILDING CODE. 

Notwithstanding the foregoing, the provisions contained in the Building Code relating to administration, permits and inspections shall be applicable to family fallout shelters.