TC Ord. No. 1996-22 Enacting regulations respecting SIOEWAIXSORDINANCE No. 96 - 22
AN ORDIDIANCE ,ENACTING REGULATIONS RESPECTING
SIOEWAIXS; PROVIDING FOR THE ASSESSMENT OF
THE COST OF THE CONSTRUCTION THEREOF; AND
PROVIDING PENALTIES FOR THE VIOLATION HkREOF
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON
AS FOLLOWS:
Section 1. Amendment. Title 12, Municipal Code of the
Town of Avon, is amended by the addition of a Chapter 12.16 as
follows:
12.16.010 Repair. All sidewalks, curbs and gutters
shall be maintained with an even surface, in good repair and in
conformity with the established grade of the streets along which
they are constructed. All sidewalks shall be repaired with
concrete or other material approved by the Town Engineer-.
12.16.020 Order of Town Manager. The Town Manager,
When he deems it necessary that a portion of a sidewalk, curb or
gutter be constructed or repaired, may order the same to be done.
12.16.030 Notice to Property Owner of Improvement
Order.
(a) The Town Manager shall serve notice by certified
mail upon the owner of the property adjacent to or abutting the
sidewalk, curb or gutter ordered improved to make such
construction or repair as ordered within thirty (30) days from
the date of certifying the notice for mailing. A thirty -day
extension, if requested in writing and if circumstances warrant,
may be granted by the Town Manager. Such construction or repair
shall conform with plans and specification to be approved by the
Town Engineer.
(b) The notice shall be as follows:
1
K01 fi'ICE
Avon., Colorado
(date)
(Certified mail - return receipt requested)
YOU ARE HEREBY NOTIFIED that the Town Manages of .Avon,
Colorado, has directed that construction or repair of
sidewalk, curb and gutter has been ordered at the
following location:
In the
event the construction or repair ordered is not
undertaken within thirty (30) days from the date
hereof, the Town Manager may order it completed under
contract and the costs assessed against the owners of
the adjacent or abutting property, including-that
property owned by you described as
The construction of
sidewalk, curb and gutter must be pursuant to plans and
specifications as provided by the Town Engineer. You
are further notified that you may appeal the order of
the'Town Manager to the Town Council by serving written
notice of appeal on the Town Clerk within ten days of
your receipt of this notice_
Town Manager
12.16.040 Failure to Comoly with Notice If any owner
of property adjacent to or abutting the sidewalk, curb and gutter
ordered improved fails, refuses or neglects to comply with the
notice to construct or repair the sidewalk, curb and gutter, the
Town Manager shall cause the construction or repair to be done by
contract.
12.16.050--Assessment of Costs. (a) The cost of any
improvement shall be assessed against the owner of adjacent or
abutting property. Where such cost has not been paid within
thirty (30) days after completion, notice of completion having
been given by certified mail to said owner-, the Town Manager
shall certify said assessment to the Eagle County Treasurer, who
shall extend the assessment upon the tax roll and collect the
same in the same manner as other taxes assessed upon said
E
property.
(b) The notice shall be as EolLowsa
NOTICE
Avon, Colorado
(date)
(Certified mail - return receipt requested
You are hereby notified that the Town Manager of Avon,
Colorado, has caused certain improvements to be
constructed at the following location.
. You are further notified that the
cost of such improvements was $ and that
the amount thereof is assessed against the property
owned by you described as In the
event such costs are not paid within thirty (30) days
from the date hereof, the Town Manager shale certify
such assessment to the Eagle County Treasurer, who
shall extend the assessment upon the tax roll and
collect the same in the same manner as other taxes
assessed upon said property.
You are further notified that you may appeal the amount
of such assessment to the Town Council by serving
written notice of appeal on the Town Clerk within ten
days of your receipt of this notice.
Town Manager
Section 12.16.060 Inspection. The 'Town Engineer shall
cause the inspection of any and all work performed for sidewalk,
curb and gutter construction, including preparation of the base,
condition and type of forms, etc., to be used, materials to be
incorporated in the work, and construction methods and practices.
A11 materials and workmanship shall be subject to the approval of
the Town Engineer and the Town Engineer shall have authority to
stop work until such time as the contractor corrects the
situation in question, subject to the final decision of the Town
Manager.
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l2.26.0"70 Appeal. And decision or order of the Town
Manager mmade pursuarltt to this Chapter mav he appealed to the linown
Council provided written notice of appeal is termed on the Town
Clerk within ten days of such decision or order. Such appeal
shall be heard and determined within 45 days of the date of the
receipt of the notice of appeal.
Section 2. Severability. if any part, section,
sentence, clause or ph.rase ®f 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 `'own of Avon hereby declares It would have passed this
Ordinance and each pjart, section, sub- section., sentence, clause
or phrase thereof, irrespective of the fact that any once or more
Pasts, sections, sub-sections, sentences, clauses or phrases be
declared invalid.
,Section 3. Penalty. It is unlawful for any ' person
to violate any provision off, or to fail to comply with any of the
requirements of, this Ordinance. Any person who violates any
provisions of this Ordinance shall be punished by a fine of not
more than one thousa -nd dollars or by. imprisonment for a period of
not more than one hundred eighty days or by both such fine and
imprisonment; provided, no person Hander the age of eighteen years
shall be punished by imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED;
this 10th day of December , 191 6 and a public hearing on
this Ordinance shall bm held at the regular meetin of the Town
Council of the 'Town of Avon, Colorado on the 14tth day of
January , 1997, at 5:30 P.M. in the Municipal Building of
the 'Town of Avon, Colorado.
test
Patty L
, CMC, Town
JacK Fawcett C-_"' ot
Maycirr
INTRODUCED, PXSSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 14th day of January 1997.
Att Jack Fawcett, Nayor
APPROVED AS TO FORM:
Patty Lamb t, CMC, Town Clerk TowP Attorney
4
COUNTY OF F-kG E J SS
TOM Off' A 1ON
Nor-ICE IS HEREBY Ogg OF A PUBLIC HEARING BEFORE TH E TOWN
COUNCIL OF TRE
TAD 3:j OF AVON ,
'COLORADO
A T'' 5:30 p . M . ON THE 14TH
DAY OF JANUARY,
1997, AT "T KE
TOWN M1UUN1'IC3
Pj2k?1, BUILDING FOR 'TKF
PURPOSE OF CONSIDERING HE ADOPTION OF OIRDINANCB' jjo� 96 -22
SERIES OF 1996:
AN ORDINANCE EXACTING REGULATIONS RESPECTING SIDEWALKS;
PROVIDING FOR THE ASSESSMENT OF THE COST OF THE C+I NSTRUiCTION
THEREOF; AND PROVIDING PET- AL'TISS FOR THE v>LoI.ATION HEREOF
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 12th day of December, 1996.
BY:
Patty IA'brt,,
Towi' Clem
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
DECEMBER 12, 1996;
FAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY;
CITY MARKET IN THE MAIN LOBBY
COASTAI, MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE THIN LOBBY