HomeMy Public PortalAboutRES-CC-2022-24CITY OF MOAB RESOLUTION NO. 24-2022
A RESOLUTION WAIVING BUILDING SERVICE FEES FOR CONSTRUCTION
ACTIVITIES NEEDED TO RECOVER FROM THE AUGUST 20, 2022 FLOODING
WHEREAS, on August 20, 2022, the City of Moab, Utah, experienced a 100 -year flood event
(the "Flood") that caused flash flooding through the Pack Creek and Mill Creek drainages with
massive quantities of debris, mud, and water spreading throughout portions of the City; and
WHEREAS, the flooding and the debris associated with the flooding created impassable
conditions on many roadways while also damaging, homes, private property, public roads, walk
paths, public use areas, and infrastructure throughout the City; and
WHEREAS, recovery efforts will require numerous building permits from the City pursuant to
Section 17.72.200 of the Moab Municipal Code (the "Code"); and
WHEREAS, Section 3.50.165 of the Code sets forth various building service fees the City
imposes to cover the costs it incurs in processing building permit applications (collectively, the
"Fees"); and
WHEREAS, to assist City residents in the repair and recovery of their properties, the Moab City
Council desires to waive the Fees it would otherwise impose for recovery efforts that are the direct
result of the Flood; and
WHEREAS, Utah Code § 10-3b-301 and Section 2.04.015 of the Code vest the powers of
municipal government with the Moab City Council and Mayor, including the authority to pass all
resolutions and ordinances; and
WHEREAS, Utah Code §§ 10-3-717 and 10-6-160 further authorize the Moab City Council to
exercise its administrative powers by resolution, including the establishment, modification, and
waiver of the Fees.
NOW, THEREFORE the Council hereby ordains that:
1. Waiver of Fees: The Fees set forth in Section 3.50.165 of the Code are waived if
the construction activity is needed to repair, rehabilitate, rebuild, or otherwise recover a structure
from damage directly associated with the Flood (the "Waiver").
2. Building Official to Implement Resolution: The City's Building Official is
authorized to implement this Resolution, including but not limited to making determinations as to
whether construction activities are eligible for the Waiver and creating any forms or applications
the Building Official deems necessary to implement this Resolution.
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Appeals;
Property owners may appeal decision the Building Offic al ma .es
regarding the Waiver to the City's hearing officer; and
Sections 17472.120 through 17.72.170, and 17.72.240 of the Code vxill
govern the authority, jurisdiction, procedures for filing, hearing conduct,
stay procedures, and all other aspects associated with appeals filed pursuant
to this Resolution.
Ter rt: 'Fhis declaration is effective i mmediatel and will remain in effect until
rescinded or otherwise terminated by the Moab City Council.
Dissemination: This declaration will be posted to the City of Moab's website, the
Utah Public Notice vvebsite, and applicable City social media accounts as determined by the City
Manager.
PASSED AND APPROVED by a majority of the City Council, this 23' day of August 2022.
o',tte t�angla' "e, iiayor
Johnson, City Recorder