2006 Utah Code - 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 license or a regulatory business license and inspections -- Exception.
     (1) As used in this section, "rental dwelling" means a building or portion of a building that 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 or longer; or
     (ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.
     (2) (a) The legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality:
     (i) to obtain a business license pursuant to Section 10-1-203; or
     (ii) except as provided in Subsection (3):
     (A) to obtain a regulatory business license to operate and maintain the rental dwelling; and
     (B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license.
     (b) A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings.
     (c) Notwithstanding Subsection (2)(b), a municipality may impose upon an owner subject to Subsection (2)(a) a reasonable inspection fee for the inspection of each rental dwelling owned by that owner.
     (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, a municipality may not inspect that rental dwelling during the next 36 months, unless the municipality has reasonable cause to believe that a condition in the rental dwelling is in violation of an applicable law or ordinance.
     (3) A municipality may not impose the requirements of Subsection (2)(a)(ii) on the owner of a building containing two or fewer rental dwellings.
     (4) Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce its generally applicable health ordinances or building code, a local health department's authority under Title 26A, Chapter 1, Local Health Departments, or the Utah Department of Health's authority under Title 26, Utah Health Code.

Amended by Chapter 172, 2000 General Session

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