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Ogden, UT Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Ogden City Code section 16-8A-6(B)(15)
Who determines unfitness
Weber-Morgan county health department officer
Appeal window
10 days from notice and order
Rental license tie-in
Title 5, chapter 10 inspection/licensing
Failure to correct
Class B misdemeanor

Summary

Ogden City Code section 16-8A-6 lets the county health department declare a dwelling a public nuisance when inadequate maintenance, dilapidation or poor light, air or sanitation makes it unsanitary and unfit for human habitation. That finding puts the property into the same abatement and repair process as any other dangerous building.

16-8A-6: ABATEMENT OF DANGEROUS BUILDINGS; ... PUBLIC NUISANCES: ... ... B. For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 1 ... ... 5. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by an officer of the county health department to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

Full Breakdown

Among the conditions Ogden's dangerous building ordinance treats as grounds for a public nuisance declaration, section 16-8A-6, subsection B, item 15, covers housing specifically: a building or structure used or intended to be used for dwelling purposes, which because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by an officer of the county health department to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

That habitability finding comes from the Weber-Morgan health department rather than the building official alone, reflecting the chapter's coordination rule in section 16-8A-7, which directs matters involving health to be pursued jointly with the county health department. Once a dwelling is found unfit for habitation, it is processed the same way as any other dangerous building: the building official issues a written notice and order describing the unsanitary conditions, the corrective action and permits required, and a compliance deadline, and the owner has ten days to appeal before the finding becomes final.

Ogden also requires habitable rentals to be connected to sanitary sewer service, or an approved septic system, under title 9, chapter 3, and licenses multiple-family rental dwellings under title 5, chapter 10, where the business license coordinator can refer a property to the building official, fire marshal and Weber-Morgan health department for an inspection confirming the unit is reasonably safe for occupancy as a residential dwelling before a rental license issues.

Violations & Fines

A dwelling the county health department finds unsanitary or unfit for human habitation faces the same notice, order and abatement process as any other dangerous building under section 16-8A-7, including a class B misdemeanor for failing to correct the conditions within the deadline. A rental property with an unresolved code violation can also be denied, suspended or have its multiple-family rental dwelling license revoked under title 5, chapter 10.

Frequently Asked Questions

What makes a rental unfit for habitation in Ogden?
Section 16-8A-6 lets a Weber-Morgan county health department officer make that call when inadequate maintenance, dilapidation, or inadequate light, air or sanitation facilities make the dwelling unsanitary or likely to cause sickness or disease. That finding declares the building a public nuisance subject to abatement.
Who decides if my apartment is unfit to live in?
An officer of the county health department, not Ogden's building official alone. Section 16-8A-6 specifically requires that determination to come from health department staff, coordinated with the building official under the chapter's enforcement rule in section 16-8A-7.
Can Ogden revoke a landlord's rental license over habitability problems?
Yes. Multiple-family rental dwellings are licensed under title 5, chapter 10, and section 5-10-6 allows suspension, revocation or denial of that license, separate from any criminal or civil penalty the owner faces for the underlying dangerous building or nuisance violation.

Sources & Official References

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