TC Ord. No. 1985-06ORDINANCE NO. 85-6
AN ORDINANCE ESTABLISHING A TRANSPORTATION
AND RECREATIONAL AMENITIES TAX; PROVIDING
METHODS FOR THE COLLECTION THEREOF; PRO-
VIDING PENALTIES FOR THE VIOLATION HEREOF;
AND PROVIDING OTHER DETAILS IN REGARD THERETO.
WHEREAS, time-sharing units within the Town have
an impact on transportation and the Town's recreational
facilities which is greater. than the impact of long-term
residential units within the Town; and
WHEREAS, it is, the intent.of the Town Council to
use the proceeds of the tax imposed:by this ordinance to
defray the cost of recreational facilities and transporta-
tion within the Town; and
WHEREAS, time-sharing is a special-review use
under the provisions of the Town's zoning ordinance;, and
WHEREAS, it has been the practice of the Town
Council, in approving time-sharing as a special-review use,
to require payment of recreation/transportation fees;-and
WHEREAS, by the adoption of this ordinance such
fees will be imposed uniformly on time-share units as a tax;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO:
Section 1. Definitions. With reference to this
ordinance and the interpretation hereof, the following terms
shall have the meanings specified:
A. "Consideration" means and includes the actual
cash paid and/or value of the property delivered, or
contracted to be paid or delivered, in exchange for the
transfer of ownership or title to, or any other possessory
interest in a time-share unit and shall include the amount
of any lien, mortgage, contract indebtedness or other
encumbrance, either given to secure the purchase price, or
any part thereof, or remaining unpaid on the time-share unit
at the time of transfer. The term does not include the
amount of any outstanding lien or encumbrance in favor of
the United States, the state or of a municipal or quasi-
governmental agency, corporation or district for taxes,
special benefits or improvements. When it is not possible
(solely in the discretion of the town manager) to determine
the actual consideration exchanged, the tax shall be based
upon the appraised value of the time-share unit as
determined by the town manager.
B. "Person" means any individual, corporation,
business trust, estate, trust, partnership, association or
other legal entity. The singular thereof shall include the
plural.
C. "Time-share unit" means time-sharing unit as
defined in Section 17.08.650 of, the Municipal Code of the
Town of Avon,
as from time
to time
amended.
D.
"Time-share
project"
means any building or
buildings or portions thereof approved by the Town Council
of the Town to include time-share units.
E. "Town manager" means the person appointed
pursuant to Section 8.1.or Section 8.2 of the Town Charter
or, if the office of town manager is vacant, the mayor
pursuant to Section 8.1 of the aforementioned Charter.
F. "Transfer" means any grant, conveyance or
alienation of a time-share unit, as evidenced by any deed,
instrument of conveyance or exchange, or any other writing
wherein or whereby title to or possession of a time-share
unit is granted, conveyed or alienated.
G. "Week" means a-calendar week during which the
use,' occupancy or possession of a.`person of a time-share
unit is exclusive of the use, occupancy or possession of any
other person within the meaning of Section 17.08.650 of the
Municipal Code of the Town of Avon, as'- from time to time
amended.
Section 2. Imposition of tax on transfers -
amount. There is hereby imposed a tax on all transfers of
any week or weeks of time-share units located in the Town
due and payable by the transferee at the -time'of the
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transfer. The amount of the tax shall be,one-quarter of
one-percent of the consideration for the transfer.
Section 3. Levy of tax on use - amount On and
after July 1, 1985, there is levied and shall be paid and
collected an excise tax of $7.63 per unit per week per year
on the use of any time-share unit located in the Town. A
time share unit-shall be deemed to be in use during any week
which has been-sold by a transferor of the unit, whether or
not the unit is in fact occupied during that week.
Section 4. Duty to collect tax on transfers.. It
shall be the duty of every transferor of time-share units
within the Town to keep and preserve suitable records of all
transfers of time-share units and such other books or
accounts as may be necessary to determine the amount of-tax
on transfers for the collection of which such transferor is
liable hereunder. It shall be the duty of every such
transferor to keep and preserve for a period of-three years
all such records, and all such records shall be open for
examination at any time by the town manager or his duly
authorized agent.
Section 5. Duty to collect tax on use. It shall
be the duty of every owners association created by the
declaration of any time-share project,, as well as the duty
of any management company under contract of any such owners
association, to keep and preserve suitable records of all
transfers of time-share units, and such other books or
accounts as may be necessary to determine the amount of tax
on use for the collection of which such owners association
and management company are liable hereunder. It shall be
the duty of every such owners association and management
company to keep and preserve for a period of three years all
such records and all such records shall be open for ex-
amination at any time by the town manager or his duly
authorized agents..
Any transferor of a time-share unit shall inform
any prospective purchaser as to the extent to which any one
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time-share unit may be subject to a tax or other lien
arising out of claims against or the tax liability of other
owners of the same time-share unit or other units. Any tax
on use imposed hereunder against an individual time-share
unit shall be collected as part of the owners association
fee and shall be remitted to the Town on the basis of one
payment for each time-share unit. The tax for each
time-share unit will be divided on a prorated basis among
the time-share unit owners who collectively own any one
time-share unit and will be paid along with the owners
association fee paid by the time-share unit owners.
Section 6. Tax in addition to other taxes. The
tax imposed hereby shall be in addition to all other taxes
imposed by the Town.
Section 7. Unpaid tax to constitute lien--
Notification--Tax deemed a debt. A. The amount of the tax
imposed by this ordinance, and penalty and interest due
thereon, = is, assessed .against the unit 'transferred, and, if
not paid when due, such tax, penalty and interest, if any,
shall, constitute"a lien on the 'unit for the.amount thereof,
which lien shall continue until the amount thereof is paid
or until its discharge of record by , foreclosure or
otherwise.
B. If the tax is unpaid and delinquent, the town
manager shall give written notification to the unit owners
at the address shown on the deed or instrument, or their
last-known address, of said delinquency. Said notification
shall be mailed certified or registered mail, postage
prepaid, return receipt requested, and,shall be effective on
the date of mailing. If the tax,~penalty and interest are
not paid within thirty days of the effective date of the
notification; the town manager shall mark the same delin-
quent on the town's tax roll and shall, at least once.each
calendar year, but not sooner than the first day of Decem--
ber, certify such delinquencies, along with the interest and
penalty, to the county treasurer; and the county treasurer
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shall extend such delinquencies upon the real property tax
rolls of the county and collect the same in the same manner
as delinquent general taxes levied upon such property. Upon
certification of the delinquent taxes, the penalties and
interest thereon shall also become due and payable.
C. The amount of the tax, penalty and interest
imposed under the provisions of this ordinance shall be
deemed a debt owed to the town. Any person owing money to
the town under the provisions of this ordinance shall be
liable to an action brought in the name of the town for the
recovery of such amount.
Section .8. Recordkeeping. The town manager may
require any person to make such return, render such state-
ment or keep and furnish such records as the town manager
may deem sufficient and reasonable to show whether or not
such person is liable under this chapter for the payment or
collection of the tax imposed in this ordinance.
Section 9. Investigation of books. For the
purpose of determining the amount of tax due, the town
manager may hold investigations and hearings concerning any
matters covered by this ordinance and may examine any
relevant books, papers, records, or memoranda of any such
person, requiring the attendance of any person and taking
such testimony'and proof as may be necessary to properly
ascertain any.tax,liability. The town manager shall have
power to administer oaths to any person in the course of
such investigations or hearings. Production of documents
and attendance of witnesses shall be requested by the town
manager on his own motion or on motion of any party; any.
request for production or attendance shall inform persons
that compliance is voluntary but that, if the request is not
complied with, the town manager may apply to the municipal
judge for issuance of a subpoena.
Section
10.
Judge
comp
els
attendance.
The
municipal judge of
the
town,
upon
the
application
of the
town manager, may compel the attendance of witnesses, the
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production of books, papers, records or memoranda, and the
giving of testimony before the town manager or any of his
duly authorized agents, by the issuance and enforcement of
subpoenas in the same manner as production of evidence may
be compelled before the court.
Section 11. Tax information confidential.. A.
Except in accordance with judicial order; or as otherwise
provided-in this ordinance,~th'e town shall not divulge any
information,gained from'any'return'filed or as a result.of
any investigation or hearing held pursuant to the provisions
of this ordinance.
B. Nothing contained in this section shall be
construed to prohibit:
1. The delivery to,a person, or to his duly-
authorized representative, of a copy-of any return
filed in connection with his tax;
2. The publication of statistics so clas-
sified as to prevent the identification of partic-
ular reports or returns and'the items thereof;.
3. The inspection by the town attorney, or
any other legal representative of the ;town, of the
return or other information relating to any
taxpayer whom may become involved in litigation"
with the town in which the information -nay become
material.
C. Reports and returns shall, be preserved for
three years, and thereafter until the town manager shall
order them destroyed.
Section 12. License--Remittance. Every person or
entity who has the duty to collect the tax imposed in' this
ordinance must obtain, without charge, a license to collect
the tax and must, report on forms prescribed by the town
manager such taxes and remit to the town the-collected taxes
on or before the twentieth day of the month for the preced-
ing month or months.under report.
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Section 13. Interest penalties. If remittances
and reports are not received on the due dates specified in
Section 12, a penalty shall be imposed in the amount of ten
percent of the tax liability, and the total amount due,
including tax and penalty, will bear interest at the rate of
one and one-half percent per month or fraction thereof until
such reports and remittances are received by the town
manager.
Section 14. Violation--Penalty. Any person
violating any of the provisions of this ordinance or failing
to comply with any requirement of the town manager or
affirmative obligation imposed upon him by this ordinance
shall be deemed guilty of a violation of this ordinance and
any such person, firm-or corporation shall be deemed guilty
of a separate offense for each and every day or portion
thereof during which any violation is committed, continued
or permitted, and upon conviction of any such violation,
such person, firm or corporation shall be punished by a fine
of not more than five hundred dollars or by-imprisonment for
not more than ninety days, or by both such fine and
imprisonment.
Section 15. Severability. If any part, section,
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 for the Town of Avon hereby declares it
would have passed this ordinance and each part, section,
sub-section, sentence, clause or phrase thereof, irrespec-
tive of the fact that any one or more parts, sections,
sub-sections, sentences, clauses or phrases be declared
invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 9th day of April , 1985
and a.public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 23rd day of April , 1985 at
7:30 P.M. in the Municipal Building of the Town of Avon,
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Colorado. -
Allan R. Nottingh , Mayor
C\
Patricia J Doyle
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED this 23rd day of April , 1985.
~-44
an R. ottingh , Mayor
va.tricia j.
Town Clerk
O4/Rv040485
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE.TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
23RD DAY OF APRIL, 1985 AT THE MUNICIPAL BUILDING, 400
BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING
THE ADOPTION OF ORDINANCE NO. 85-6, SERIES OF 1985:
AN ORDINANCE ESTABLISHING A TRANSPORTATION AND RECREATIONAL
AMENITIES TAX; PROVIDING METHODS FOR THE COLLECTION THEREOF;
PROVIDING PENALTIES FOR THE VIOLATION HEREOF; AND'PROVIDING
OTHER DETAILS IN REGARD 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 passed by order of the Town Council of
the Town of Avon, Colorado.
Dated this* 10th day of April, 1985.
TOWN OF AVON, COLO
Patricia
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON APRIL 10th 1985.
THE MAIN ENTRANCE OF THE,POST OFFICE
THE-MAIN ENTRANCE-TO CITY MARKET
THE PESTER GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING