TC Ord. No. 1979-25TOWN OF AVON
ORDINANCE NO. 25
SERIES OF 1979
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AN ORDINANCE AMENDING ORDINANCE NUMBER 2, SERIES
OF 1979; CREATING A BOARD OF BUILDING APPEALS:
PROVIDING FOR PROCEDURES IN CONNECTION WITH THE
SAID BOARD: SETTING OUT THE DUTIES OF THE BUILDING
OFFICIAL, THE TOWN CLERK AND THE TOWN ATTORNEY AND
SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN
COUNCIL FOR THE TOWN OF AVON, COLORADO, THAT:
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Section 1. Amendment of Ordinance Number 2, series
of 1979
Ordinance Number 2, Series of 1979, is hereby
amended by the deletion of Section
Ordinance Number 2, Series of 1979
amemded by the deletion of Chapter
of the Uniform Building Code, 1979
by the International Conference of
6530 South Workman Mill Road, Whit
90601.
2(b). Additionally,
is further hereby
2, Section 204,
Edition, published
Building Officials,
tier, California
Section 2. Establishment of Avon Board of Building
Appeals - Membership - Compensation -
Town Clerk To Act As Secretary - Meetings
There is hereby established the Avon Board of
Building Appeals, which shall consist, until the Town
Council shall otherwise determine by ordinance, of the
complete and entire membership of the Avon Town Council.
Each member of the Board of Building Appeals shall be
compensated in the amount of $25.00 for each meeting
attended, unless that meeting is held immediately be-
fore or immediately after a regular or special meeting
of the Avon Town Council, in which case no compensation
shall be paid for attendance at the meeting of the
Board of Building Appeals. The Town Clerk shall act
as Secretary of the Board of Building Appeals, which
shall meet as necessary and upon call by the Secretary
as outlined in this ordinance.
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Section 3. Procedure - First Meeting - Elections -
Chairperson To Preside - Duties of Town
Attorney
At its first meeting the Board shall elect from
its membership a Chairperson and a Vice Chairperson.
The Chairperson shall preside thereafter and rule upon
matters of procedure at meetings of the Board. Sub-
sequent elections for Chairperson and Vice Chairperson
shall be held every one year or as soon thereafter as
the Board shall meet. Nothing shall prohibit the re-
election of an incumbent Chairperson or Vice Chairperson.
Section 4. Procedure - Filing of Request for Ruling -
Contents - Duties of Secretary - Call For
Meeting
In situations involving determination of suit-
ability of alternate materials and methods of con-
struction and involving the reasonable interpretations
of the provisions of the Uniform Building Code and
other such Codes as have been adopted by the Town Council,
whether pursuant to Ordinance Number 2, Series of 1979,
or by some other Ordinance, as well as situation in-
volving other, related determinations, the procedure
shall be as set out herein.
Any Party in Interest having a legitimate pending
question may file a Request for Ruling. Such document
shall be filed with the Avon Town Clerk in her capacity
as Secretary to the Building Board of Appeals and shall
include:
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A. The complete name and address of the owners
of the real property involved.
B. The location of the real property involved.
C. The question or questions, stated plainly
and clearly, on which a ruling is sought.
D. A brief explanation of the way in which the
question relates to the property or project involved.
E. A complete statement of the position, both
factual and legal, of the party seeking the ruling.
F. Any supporting documentation, evidence, data,
legal opinions or other material upon which the party
seeking the ruling may wish to have considered by the
Board.
Upon receipt of this document, if it is complete,
the Secretary shall place the matter on the agenda at
the next meeting of the Board, provided that no matter
shall be heard sooner than fifteen days after the filing
of the Request for Ruling. Any Request for Ruling
which is determined to have been incomplete shall be
returned to the party seeking the Request for Ruling
and no further action shall be taken until it has been
completed and re-submitted.
When a matter has been so docketed the Secretary
shall transmit by mail a notice of the scheduled meet-
ing to all members of the Board and shall include with
each notice a complete copy of the Request for Ruling
as filed with her. The party seeking the Ruling shall
also be sent a notice of the scheduled meeting. She
shall also publish, at least seven days prior to the
meeting at which the matter is to be considered, a
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Public Notice of the time and place of the scheduled
meeting and a summary of the items to be considered at
such meeting.
The Town Attorney shall attend all meetings of the
Board and shall render opinions of questions of law
and procedure as requested. The Town Attorney shall
assist in the presentation of the position of the
Town Building official and his staff.
Section 5. Procedure At Meetings - Board To Render
Ruling - Transmittal
At meetings of the Board of Building Appeals the
party seeking the Ruling shall have the initial oppor-
tunity to state its position and present testimony and
evidence in support thereof. Argumentative material
shall be ruled out of order at this stage of the pro-
ceedings. The Town Attorney shall be given an oppor-
tunity to cross-examine any witness called by the party
seeking the Ruling.
The Town Building Official shall also attend
meetings of the Board, either in person or by his des-
ignated representative. At the conclusion of the pre-
sentation by the party seeking the Ruling, the Town
Building Official and/or his staff shall present, with
the assistance of the Town Attorney, the position of
the Building Department. This may include the sworn
testimony and opinion of experts, the presentation
of tangible items as evidence and any other relevant
testimony or evidence. The party seeking the Ruling
may cross-examine the witnesses called by the Building
Department.
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The party seeking the Ruling shall then have an
opportunity to present testimony and evidence, provided
such Material is in rebuttal of the position or material
presented by the Building Department. The Building
Department shall then have an opportunity to present
surrebuttal.
Subsequent to the presentation of testimony and
evidence, the Board shall reach a decision addressing
the questions submitted. Nothing shall prevent the
Board from holding private sessions to discuss the
material presented and the questions involved. The
Board may also make additional inquiry of any party or
witness, if it so desires, and such inquiry shall be
conducted at public sessions. The Board may also re-
quest an opinion from the Design Review-Board if it
determines to do so by a majority vote. The actual
decision of the Board shall also be made in a public
session and shall be reached by means of a roll call
vote at which all members, including the Chairperson,
shall be entitled to vote. This final decision of the
Board shall be reached not more than thirty days aft6r
the conclusion of the final session of the formal hearing
at which the matter was considered. The Board shall
cause its findings, decision and ruling to be reduced
to writing and not more than fifteen days following its
decision, the Board shall cause copies of its findings,
decision and ruling to be transmitted to both the-party
seeking a Ruling and to the Town Building Official.
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Section 6. Proceedings To Be Of Record - Transcript
The Board shall cause all of its public proceedings
to be recorded electronically or magnetically and shall
preserve such recordings for a minimum of two years
following the date on which they were made. Such re-
cordings shall be made available as matters of public
record and to any party who wished to prepare a trans-
cript of the preceedings or portions thereof. Such
preparation shall be done under the supervision of the
Secretary of the Board of Building Appeals. It is
highly recommended that the party seeking the preparation
of the transcript be prepared to reproduce his own
recordings which shall remain in the custody of the
Secretary of the Board.
Nothing in this Ordinance shall be interpreted to
imply any obligation on the part of the Secretary of
the Board to actually produce any written transcript
of any session.
Section 7. Procedure - Rules Of Evidence To Be Relaxed
At all meetings of the Board of Building Appeals
the Chairperson shall rule upon matters involving the
admissibility of testimony and evidence. The Rules of
Evidence shall be relaxed to permit the introduction of
documents and other items of evidence without undue
formality. Substance shall be considered to be more
important than form and the goal of such sessions shall
be to receive credible, relevant material without un-
necessary burdens being placed on any party or witness.
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Section 8. Severability
If any part, section, subsection, sentence,
clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance;
and the Town Council hereby declares it would have passed
this Ordinance and each part, section, subsection, sen-
tence, clause, or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
INTRODUCED, READ AND PASSED ON THE FIRST READING,
APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, THIS
DAY OF Gu'.r2 19 7 9 , AND A PUBLIC HEARING
ON THIS ORDINANCE SHALL BE HELD AT THE MEETING OF THE
TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON':THE
-27DAY OF .c,,A979,AT 7:30 P.M. IN THE
MUNICIPAL OFFICES OF THE TOWN.
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V. Alpi., M r
Ang 3.0
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ATTEST:
t
Patricia J. le, Tow Clerk
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INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED,
AND ORDERED PUBLISHED THIS DAY OF ,1979.
V,
An elo Alpi,
A T:
Patricia J. Doyl Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE OF HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the
27th day of November, 1979 at the Town Hall for the purpose
of considering the adoption of Ordinance No.#25, Series of
1979:
AN ORDINANCE A24ENDING ORDINANCE NUMBER 2, SERIES OF 1979;
CREATING A BOARD OF BUILDING APPEALS; PROVIDING FOR PROCEDURES
IN CONNECTION WITH THE SAID BOARD; SETTING OUT THE DUTIES OF THE
BUILDING OFFICIAL, THE TOWN CLERK AND THE TOW14 ATTORNEY AND
SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 14th day of November, 1979.
TOWN OF AVON, COLORADO
By:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON NOVEMBER 19-, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON
POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER