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TC Ord. No. 25-11 Amending Title 5.18 Contractor LicensesA Avon COLORADO ORDINANCE 25-11 AMENDING AVON MUNICIPAL CODE TITLE 5.18 CONTRACTOR LICENSES WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Avon"), the Avon Town Council ("Council") has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to such authority, the Town has previously adopted Title 5 of the Avon Municipal Code ("Code"), regarding licensing requirements and, more specifically, Chapter 18 of Title 5, concerning the requirement for contractors performing work within the Town of Avon to carry a license to perform such work; and WHEREAS, pursuant to such authority, Title 5 of the Code has a defined process for revocation/appeal of all license types except Contractor Licenses; and WHEREAS, Council now wishes to amend Chapter 18 of Title 5 of the Code to add verbiage that defines a process for revocation/appeal of Contractor Licenses in situations defined within the code text amendment; and WHEREAS, the Town Council finds that adding this verbiage will promote the health, safety and general welfare of the Avon community by holding contractors accountable for their work; and, WHEREAS, while amending this chapter, Town Council will take the opportunity to delete contractor license types that are no longer in use, define General/Sub Contractor types, and combine Business/Contractor License fees to ease the process for our construction community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord 25-11 Contractor Licenses June 10, 2025 Page 1 of 6 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Chapter 5.18 Contractor License Amendments. Council hereby amends Chapter 18 of Title 5 of the Avon Municipal Code, to read as follows, with redline/strike-out indicating words to be deleted and underline indicating words to be added: 5.18.010 License required. All contractors as defined by AMC Section 3.08.010, except electrical and plumbing contractors, who are duly licensed by the State, shall purchase a contractor business license for conducting work within the Town of Avon. Established annual fees shall be established by resolution of the Avon Town Council. Class designations are as follows: Cuss 1-- General Contractor; Class 11— Sub -Contractor; ��l rentr-aetef; Class 5.18.020 License —period of validity. All Business Gentr etef Contractor Business licenses shall be valid for a period of one (1) year from the date of issuance. 5.18.030 Insurance. Every contractor shall provide a current certificate of insurance for statutory workers' compensation and commercial general liability insurance of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate before a contractor's license is issued. If workers' compensation insurance is not possessed required by the state of Colorado, a signed waiver form provided by the town must be submitted wed accordingly at the time of application. 5.18.040 Suspension or Revocation. A) Any contractor business license issued under this code may be temporarily suspended or revoked by the Building Official under the following circumstances: 1. Violation of this chapter or any other applicable law; 2. Failure to correct any and all building code violations after having been duly notified by the Building Official; 3. Failure to request and pass a required inspection prior to the expiration of a permit, and/or prior to the use or occupancy of a structure; 4. Failure to obtain a permit where one is required per adopted buildingcodes; odes; 5. Performance of work that is deemed hazardous by the Building Official to life and prope . ; or 6. Demonstration of general negligence, carelessness or lack of workmanship in work performed. Ord 25-11 Contractor Licenses June 10, 2025 Page 2 of 6 B) The Building Official may suspend or revoke a contractor business license in accordance with the following procedures: 1. The Building Official shall submit a written notice of suspension or revocation to the contractor licensee, stating the following_ (i) The grounds for revocation; (ii) Requesting information if necessary; (iii) Stating corrective action if applicable and appropriate; (iv) Statingthe he appeal rights of the contractor licensee; (v) Identifying the last day to file an appeal with the Town and stating that the suspension or revocation shall become effective on day after if no appeal is filed; and, (vi) Stating that conduct of business/work without a contractor business license shall be a violation of this Chapter. 2. If a contractor business license is revoked pursuant to this subsection, such revocation shall be in effect for a minimum of one year. C) The Building Official may immediately suspend or revoke a contractor license if the Building Official has reasonable grounds to believe that the contractor business licensee has failed to comply with any building code requirement that creates an immediate threat to the health, safely and general welfare of the Avon community. 5.18.050 Anneal. (a) Appeal to Town Manager. The business owner business contractor ("appellant") mLaY appeal the decision of the Building Official to the Town Manager. The appellant shall file a written appeal with the Town Manager within twenty (20) days after the date of transmittal of a written decision of the Building Official or desianee to deny or revoke a contractor business license. The failure to file a written appeal within twenty (20) days after the date of transmittal of the Building Official's decision shall bar any further consideration of the application, shall bar M appeal to the Town Manager and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Manager within €ert-€rye thirty (,30) dys after the date of receipt. The Town Manager's review shall be de novo. The Town Manager may conduct a hearing if determined necessary by the Town Manager to ascertain additional facts relevant to the appeal. The Town Manager shall provide at least three (3) days prior notice to the appellant stating the date, time and location where the Town Manager will conduct a hearing. The decision of the Town Manager shall be in writing, shall state the appellant's right to appeal the decision to the Town Council, shall state the last day to submit an appeal to the Town, and shall be sent by U.S. first class mail to the appellant. The decision of the Town Manager may be appealed to the Town Council. Ord 25-11 Contractor Licenses June 10, 2025 Page 3 of 6 (b) Appeal to Town Council. The appellant mayqppeal the decision of the Town Manager to the Town Council. The appellant shall file a written appeal with the Town Clerk within flArtyzffi twenty (20) days after the date of transmittal of a written decision of the Town Manager to deny an appeal. The failure to file a written appeal within twenty (20) dqys after the date of transmittal of the Town Manager's decision shall bar any further consideration of the application, shall bar any ppeal to the Town Council and shall bar any judicial review by a Colorado court. The written qppeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within thirty (30) days after the date of receipt. The Town Council's review shall be de novo. The Town Council shall conduct a hearing. The Town Council shall provide at least three (3) da s prior notice to the appellant stating the date, time and location where the town council will conduct a hearing. The decision of the Town Council shall be in writing and shall be sent by U.S. first class mail to the appellant. The decision of the Town Council shall be the final decision of the Town and shall be final on the day that the Town Council takes action to adopt its findings in writing_ 5.18.040060 Violations —penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 25-11 Contractor Licenses June 10, 2025 Page 4 of 6 Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on May 27, 2025 and setting such public hearing for June 10, 2025 at the Council Chambers of the Avon Municipal Building, located at On Hundred Mikaela Way, Avon, Colorado. �pWN OFq BY: mra N. Underwood, Mayor ATTEST: 9)render Torres , Toe pv+,-i ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 10, 2025. BY: mra N. Underwood, Mayor Ord 25-11 Contractor Licenses June 10, 2025 Page 5 of 6 ATTEST: rd I (/hl'-/-� P)reroa Torres, D epvf l T, WtA OFq�, Sr A L APPROVED AS TO FORM: Nina Williams, Town Attorney Ord 25-11 Contractor Licenses June 10, 2025 Page 6 of 6