10-8-85.5 - "Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.
10-8-85.5. "Rental dwelling" defined -- Municipality may require a business licenseor a regulatory business license and inspections -- Exception.
(1) As used in this section, "rental dwelling" means a building or portion of a buildingthat is:
(a) used or designated for use as a residence by one or more persons; and
(b) (i) available to be rented, loaned, leased, or hired out for a period of one month orlonger; or
(ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period ofone month or longer.
(2) (a) The legislative body of a municipality may by ordinance require the owner of arental dwelling located within the municipality:
(i) to obtain a business license pursuant to Section 10-1-203; or
(ii) (A) to obtain a regulatory business license to operate and maintain the rentaldwelling; and
(B) to allow inspections of the rental dwelling as a condition of obtaining a regulatorybusiness license.
(b) A municipality may not require an owner of multiple rental dwellings or multiplebuildings containing rental dwellings to obtain more than one regulatory business license for theoperation and maintenance of those rental dwellings.
(c) (i) Notwithstanding Subsection (2)(b), a municipality may, until August 31, 2008,impose upon an owner subject to Subsection (2)(a) a reasonable inspection fee for the inspectionof each rental dwelling owned by that owner.
(ii) Beginning September 1, 2008, a municipality may not charge a fee for the inspectionof a rental dwelling.
(d) If a municipality's inspection of a rental dwelling, allowed under Subsection(2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, amunicipality may not inspect that rental dwelling during the next 36 months, unless themunicipality has reasonable cause to believe that a condition in the rental dwelling is in violationof an applicable law or ordinance.
(3) A municipality may not:
(a) interfere with the ability of an owner of a rental dwelling to contract with a tenantconcerning the payment of the cost of a utility or municipal service provided to the rentaldwelling; or
(b) except as required under Title 58, Chapter 56, Utah Uniform Building Act, for astructural change to the rental dwelling, or as required in an ordinance adopted before January 1,2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in therental dwelling a safety feature that was not required when the rental dwelling was constructed.
(4) Nothing in this section shall be construed to affect the rights and duties establishedunder Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability toenforce its generally applicable health ordinances or building code, a local health department'sauthority under Title 26A, Chapter 1, Local Health Departments, or the Utah Department ofHealth's authority under Title 26, Utah Health Code.
Amended by Chapter 78, 2008 General Session