TC Ord. No. 1982-250 r
TOWN OF AVON
ORDINANCE NO. #82-25
Series of 1982
AN ORDINANCE CONCERNED WITH PROVIDING FOR
TEMPORARY CERTIFICATES OF OCCUPANCY, AND PROVIDING
FOR THE REVOCATION THEREOF, AND PROVIDING
PENALTIES THEREFOR.
WHEREAS, the Town Council of the Town of Avon has
determined that it is necessary and desirable to provide for
the conditional issuance of Temporary Certificates of
Occupancy, and to provide a procedure for the revocation
thereof;
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN
COUNCIL OF THE TOWN OF AVON,
1. That Section 15.04.690 of the Municipal Code
of the Town of Avon be and hereby is amended to read as
follows:
Section 15.04.690 Certificate of
Occupancy--Temporary Certificate.
If the Building Official finds that no substantial
hazard will result from occupancy of any building
or portion thereof before the same is completed
and that substantial hardship will result if
occupancy is not permitted, he may issue a
Temporary Certificate of Occupancy for the use of
a building or structure prior to the completion
thereof. Such Temporary Certificate of Occupancy
shall contain an expiration date no more than six
months subsequent to issuance thereof. In the
event that the building or portion thereof for
which a Temporary Certificate of Occupancy is
issued does not qualify for a permanent
Certificate of Occupancy within the time limited
upon the issuance of the Temporary Certificate of
Occupancy, at the expiration of the period stated
in the Temporary Certificate of Occupancy the
building or portion thereof for which the
Temporary Certificate of Occupancy was issued
shall be vacated until such time as either another
Temporary Certificate of Occupancy or a permanent
Certificate of Occupancy is issued. If the
Building Official finds that a building or portion
thereof which would be entitled to a Temporary
Certificate of Occupancy is not qualified to
receive a permanent Certificate of Occupancy
because corrective measures must be taken to
provide additional facilities required by the Town
of Avon, the Building Official may condition the
Temporary Certificate of Occupancy upon the
satisfaction of such additional requirements
within the time limited pursuant to the
requirements of this section. In the event such
requirements are not satisfied within the time
therein limited, the Temporary Certificate of
occupancy shall expire and be of no affect upon
the date stated in the Temporary Certificate of
Occupancy. Upon such occasion, the building or
•
•
portion thereof for which the Temporary
Certificate of Occupancy was issued shall be
vacated until such time as any additional
requirements of the Town of Avon remaining
unsatisfied shall be satisfied.
It shall be unlawful for any person to occupy a
building or portion thereof for which neither a
Temporary Certificate of Occupancy or a permanent
Certificate of Occupancy has been issued, or to
continue to occupy a building or portion thereof
whose Temporary Certificate of Occupancy has been
terminated or has been revoked pursuant to the
Municipal Code of the Town of Avon.
Section 2. Violations - Penalty
A complaint may be filed in the Municipal
Court for the Town charging a violation of this chapter.
Upon conviction thereof, the permittee, agent or representa-
tive therefore may be punished by fine of not more that
$500.00 or imprisonment of not more than ninety (90) days or
both such fine and imprisonment. Each day such violation is
committed or permitted to continue constitutes a separate
offense and shall be punishable as such under this chapter.
Section 3. Severability
If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid, such decisions shall not affect the validity of
the remaining portions of this ordinance; and the Town
Council hereby declares that it would have passed this
ordinance, and each part, section, subsection, sentence,
clause or phrase hereof regardless of the fact that any one
or more parts, sections, subsections, sentences, or clauses
or phrases be declared invalid.
Section 4. Health, Safety and Welfare
The Town Council hereby finds, determines and
declares that this ordinance is necessary and proper for the
health, safety, and welfare of the Town of Avon and the
inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL THIS DAY OF ,
1982. A public hearing shall be held hereon on the
day of November, 1982, at the regular meeting of the Town
Council of the Town of Avon, Colorado, in the Municipal
Building of the Town.
Allan R. Nottingham, Mayor
ATTEST:
Patricia J. Doyle, Town Clerk
2
•
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED THIS DAY OF , 1982.
ATTEST:
Allan R. Nottingham, Mayor
Patricia J. Doyle, Town Clerk
3
- 8-.~~e ~,-tiv ~_da_-_as-