TC Ord. No. 1985-31ORDINANCE NO. 85 - 31
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
TOWN OF AVON TO PROVIDE FOR A CAPITAL IMPROVEMENT
FEE; PROVIDING FOR A LIEN ON PROPERTY IN CASES
WHERE THE CAPITAL IMPROVEMENT FEE REMAINS UNPAID;
PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF;.
AND PROVIDING ADDITIONAL DETAILS IN RELATION
THERETO.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO as follows:
Section 1. Amendment. Title 3 of the Municipal ,
Code of Avon is amended by the addition of a Chapter 3.24 as
follows:
3.24.010 Definitions. With reference,to this
chapter and the interpretation hereof the following terms
shall have the meaning specified:
A. "Residential unit"-means and.includes any
living unit with a ki-tchen.as defined in Section
17.08..355 of'this Code. Examples include
residential condominiums, townhouses, apartments,
duplexes, tri-plexes, and lock-off apartments.
Any unit constructed-by the use,of one or more
residential development rights, as defined in
section 17.08.585 of this Code; and whether or not
fractionalized pursuant to chapter 17.22- of this
Code, shall be included within the meaning of this
definition.
B. "Accommodation unit" means any unit in a
primarily commercial establishment used for short
term residential purposes and includes any
accommodation unit as defined by section 17.08.030
of this Code. Examples include,- but shall not be
limited to, rooms in hotels, lodges, and motels.
3.24.020 Imposition of Fee. There is imposed a
capital improvement fee on the occupancy of all residential
units and accommodation units that currently do not possessa
temporary or permanent Certificate of Occupancy.
A. Residential Unit. There is imposed on the
occupancy of all residential units a capital
improvement fee calculated as follows:
$500.00 for 1,201 square feet & up
$400.00 for 801 to 1,200 square feet
$300.00 for 601 to 800 square feet
$250.00 for 451 to 600 square feet
$175.00 for 0 to 450 square feet
B. Accommodation Units. There is imposed a
capital improvement fee on the occupancy of all
accommodation units comprised of a single room
with a bathroom and kitchen of two hundred and
fifty dollars per room. There is imposed a
capital improvement fee on the occupancy of all
accommodation units with rooms with or without a
bathroom, but without a kitchen, and with private
access to a central corridor or the outside, of
one hundred seventy-five dollars per room.
C
3.24.030 Imposition of Fee. There is imposed a
capital improvement fee on the occupancy of each space which
currently does-not-possess a--temporary or--"permanent-Certificate
of Occupancy-for.either commercial or industrial purposes
calculated as follows:
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AMD Tao Rates Based on Service Line Size Fee
3/4"
30
Gallons
Per
Minute
$900
1"
50
Gallons
Per
Minute
$1,600
1-1h"
100
Gallons
Per
Minute
$3,600
2"
160
Gallons
Per
Minute
$6,500
3"
320
Gallons
Per
Minute
$-14,500
4"
400
Gallons
Per
Minute
$25,500
6" or more
1,000
Gallons
Per
Minute
$57,500
3.24.040 Persons Liable for-Tax. Any owner of any
residential unit, fractionalized residential unit,
accommodation unit, or commercial/industrial space which is
subject to the imposition of the fee described.in Sections
3.24.020 and 3.24:040 is liable for the payment thereof.
3.14.050 Due Dates, Delinquencies,- Penalties, and
Interest - Remedies not Exclusive.
A. The fee imposed pursuant to this chapter.is
due and-payable at the 'time the unit or space has
been completed, and is delinquent if unpaid within
thirty days thereafter. 'In the event the fee is
not paid prior to becoming,delinquent, a delin-
quency penalty of ten percent of the amount of fee
due shall accrue. In the event a portion of the
fee is unpaid prior to becoming delinquent, the
penalty shall only accrue as to the portion
remaining unpaid. Interest shall accrue at the
rate of one percent per month, or a fraction
thereof, on the amount of the fee, exclusive of
penalties, from the date the fee becomes
delinquent to the date of payment. Interest and,
penalty accrued shall become part of the fee.
B. No certificate of occupancy or temporary
certificate of occupancy, as provided for in this
code pursuant to sections 15.040.680 and
15.040.690 shall be issued until all capital
improvement fees have been paid.
C. Any remedies provided for'in this chapter
shall be cumulative and not exclusive and shall be
in addition to any other remedies as provided by
law.
3.14.060 Unpaid Fee to Constitute Lien - Noti-
fication - Fee Deemed a Debt.
A. The amount of the capital improvement fee
imposed by this chapter, and penalty and interest
due thereon, is assessed against the property, and
if not paid-when due, such-fee,_,penalty and
interest, if any, shall constitute a lien on-the
property for the amount thereof, which lien shall
continue until the amount thereof,is paid or until
"its discharge of record by foreclosure or other-
wise may be foreclosed said lien upon in the
manner provided by law for the foreclosure of
mechanics liens.
B. If the fee is unpaid and delinquent, the Town
Manager shall give written notification to the
owner, at his 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 fee, penalty, and
interest are not paid within thirty days of the
effective date of the notification, the Town
Manager shall make the same delinquent on the
Town's tax role and shall, at least once each
calendar year,,but not sooner than the first day
of December; certify such delinquencies, along
9 0
with the interest and penalty to the County
Treasurer; and theCounty Treasurer shall extend
such delinquencies upon the real property tax
rolls of the County and collect same and in the
same manner collect the sa:me.in the same manner as
general delinquent taxes levied-upon such
property. Upon certification of the delinquent
fees, the penalties and interest thereon shall
also become due and payable. The amount of the
capital improvement fee and interest imposed on
the provisions of this chapter shall be deemed a
debt owed to the Town. Any person owing money to
the Town under the provisions of this chapter
shall be liable in an action brought in the name
of the Town for the recovery of such amount.
. Section.2. Effective Date. This ordinance shall
be-effective seven days after public notice following final
passage but-shall be applicable only to those units or
spaces for which no final or temporary certificate of
occupancy has been issued on said date.
Section 3. Severability. If any part, section,
sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect
the validity of the remaining portions of this ordinance;
and the Town Council for-the Town of Avon hereby declares
that it would have passed this ordinance and each part, sec-
tion, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases is
declared invalid.
Section 4*. Penalty for Violation Any person,
firm or corporation violating any of the provisions of 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 $500.00 or by
imprisonment for not more than 90 days, or by both such fine
and imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, THIS 14th day of January, , 1986 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 28th day of January , 1986 at 7:30
P,M. in the Municipal Building of the Town of Avon,
Colorado.
d
Al an R. ottiagh Mayor
ATTE~ , P-, Qn -
Patricia J.
liciwri 'Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 28th day of January. , 1986.
Allan R. Notting m, Mayor
11
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
n
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 28TH DAY OF
JANUARY, 1986, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF
ORDINANCE NO. 85-31, SERIES OF 1985:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON
TO PROVIDE FOR A CAPITAL IMPROVEMENT FEE; PROVIDING FOR A LIEN
ON PROPERTY IN CASES WHERE THE CAPITAL IMPROVEMENT FEE REMAINS
UNPAID; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF; AND
PROVIDING 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 the Ordinance.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 14th day of January , 1986.
BY
OF,/AVON, C
icia J.(~oyle,
Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JANUARY 14 . , 1986:
THE MAIN ENTRANCE OF THE POST OFFICE
rl THE MAIN ENTRANCE TO CITY MARKET
THE PESTER GAS STATION; AND
THE MUNICIPAL BUILDING IN THE MAIN LOBBY
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