TC Ord. No. 1994-14 Amending Chapter 15.08 of the Muni code of the Town of Avon as it relates to penaltiesTOWN OF AVON
ORDINANCE NO. 94-14
SERIES OF 1994
AN ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AS IT RELATES TO PENALTIES FOR
THE VIOLATION THEREOF
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON
as follows:
Section 1. Amendment. Section 15.08.110 of Chapter
15.08, Title 15 of the Municipal Code of the Town of Avon is
amended to read as follows:
15.08.110 Section 308--Cleanup and landscaping
deposit. Section 308 is amended by adding the
following:
(h) Cleanup and landscaping deposit. No
certificate of occupancy shall be issued until cleanup
and landscaping, including grading, drainage, paving,
lighting and installation of irrigation systems, has
been completed or payment of a cleanup and landscaping
deposit has been made. The deposit shall be paid in
cash and shall be paid to the Town. In lieu of cash,
and upon showing to the Town that adequate security
will be provided thereby, the deposit may be by letter
of credit, written commitment of a lending institution
that funds have been set aside or a corporate
completion bond including written undertaking of the
surety to complete the work upon demand of the Town.
The amount of the deposit required shall be based upon
a current bid by a reputable contractor, good for
sufficient time to allow completion of the work, or
upon some other basis deemed comparable by the Town.
The bid shall be based upon completion of all remaining
work indicated on the plans approved by the Planning
and Zoning Commission and any subsequent conditions of
approval.
In the case of cleanup and landscaping deposits
made during the months of May through August, all work
covered by the deposit shall be completed within sixty
days. In the case of cleanup and landscaping deposits
made during the months of September through April, all
work covered by the deposit shall be completed by the
end of the ensuing June. If the cleanup and
landscaping, as defined in this chapter, is not
completed by the permit holder to the satisfaction of
the Town within the prescribed timeframes, the Town
may, but shall not be obligated to, complete such
cleanup and landscaping, and the cost of doing so,
together with a fee in the amount of twenty percent of
such costs, shall be charged to the permit holder and
deducted from the cash deposited. If the costs, plus
the fee, exceed the amount of the deposit, the excess,
together with interest at twelve percent per annum,
shall be a lien against the property and may be
collected by civil suit or may be certified to the
treasurer of Eagle County to be collected in the same
manner as delinquent ad valorem taxes levied against
such property.
If the permit holder fails or refuses to complete
the cleanup and landscaping, as defined in this
chapter, such failure or refusal shall be a violation
hereof, punishable under section 15.08.280 hereof.
Section 2. Amendment. Section 15.08.270 of Chapter
15.08, Title 15 of the Municipal Code of the Town of Avon, is
amended to read as follows:
Section 15.08.270 Violation. The following
clause concerning violations is set forth in full and
adopted with reference to the Uniform Building Code and
Uniform Building Code Standards named in the title of
this chapter:
It shall be unlawful for any person, firm or
corporation to erect, construct, alter, move, demolish,
repair, use or occupy any building or structure and
building service equipment, or maintain any building or
structure in the Town or cause or permit the same to
be, contrary to or in violation of any of the
provisions of any of the codes or standards named in
the title of this ordinance, as amended by this
ordinance.
Section 3. Amendment. Section 15.08.280 of Chapter
15.08, Title 15 of the Municipal Code of the Town of Avon, is
amended to read as follows:
15.08.280 Penalty. Any person, firm or
corporation violating any of the provisions of this
Title 15 or of the Uniform Building Code or Uniform
Building Code Standards named in the title of this
chapter shall be deemed guilty of a violation hereof,
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 of
any of such provisions 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 one thousand dollars or one
hundred eighty days imprisonment, or by both such fine
and imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 28thday of June , 1994, 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 12thday of
July 1994, at 7:30 P.M. in the Municipal Building of 11 the Town of Avon, Colorado.
Mayor C/
est:
Town Cler
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 13th day of July , 1994.
~~'--A~ ST:
Town Cler
Mayor Pro-Tem
APPROVED AS TO FORM:
To n Attorney
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 12TH
DAY OF JULY, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94-14,
SERIES OF 1994:
AN ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AS IT RELATES TO PENALTIES
FOR THE VIOLATION THEREOF
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 is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 29th day of June, 1994.
TOWN OF AVON, COLORADO
BY:
Patty Ney art
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 29, 1994;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY