TC Ord. No. 2002-08 Amending the muni code of the TOA to make more effective the enforcement of the zoning and building regulations of the town enlarging the jurisdiction o the muni voourt of the TOA authorizing schedule of fines for certain violations anORDINANCE NO. 02-08
SERIES 2002
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF
THE TOWN OF AVON TO MADE MORE EFFECTIVE THE
ENFORCEMENT OF THE ZONING AND BUILDING
REGULATIONS OF THE TOWN; ENLARGING THE
JURISDICTION OF THE MUNICIPAL COURT OF THE
TOWN OF AVON; AUTHORIZING A SCHEDULE OF FINES
FOR CERTAIN VIOLATIONS; AND PROVIDING FOR THE
VIOLATION HEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Section 1.08.010 of Chapter 1.08, Title 1 of the Municipal Code of
the Town of Avon is amended to provide as follows:
1.08.010 Designated. With the exception of traffic offenses and the
possession of cannabis under Section 9.16.080, whenever in any section of this
code or any section of a rule or regulation promulgated hereunder the doing of any
act is required, prohibited or declared to be unlawful, any person who shall be
convicted of, or plead guilty or no contest to a violation of any such section shall,
for each offense, be fined in a sum not more than one thousand dollars or
imprisoned not to exceed one year, or both such fine and imprisonment. Each day
an offense continues shall constitute a separate offense.
Section 2. Section 2.08.040 of Chapter 2.08, Title 1 of the Municipal Code of
the Town of Avon is amended to provide as follows:
2.08.040 Jurisdiction, powers and procedures. The
municipal court shall have original jurisdiction of all cases arising
under the municipal code and other ordinances of the town with the
authority to punish violators thereof by the imposition of fines and
penalties not to exceed one thousand dollars and one year
imprisonment as stated in the municipal code section or ordinance
involved, together with court costs in the amount of fifteen dollars.
The procedures of the court shall be in accordance with the
Municipal Court Rules of Procedure as promulgated by the
Colorado Supreme Court.
Section 3. Section 8.24.160 of Chapter 8.24, Title 8 of the Municipal Code of the
Town of Avon is amended to provide as follows:
8.24.160 Violation-Penalty. Any person convicted of violating any of
the provisions of this chapter shall be punished by a fine of not more than one
thousand dollars or by imprisonment not to exceed one year, or by both such fine
and imprisonment; provided, that each separate act in violation of the provisions
of this chapter, or each and every day or portion thereof during which any separate
act in violation of this chapter is committed, continued, or permitted, shall be
deemed a separate offense.
Section 4. Subsection B of Section 10.04.040 of Chapter 10.04, Title 10 of the
Municipal Code of the Town of Avon is amended to provide as follows:
B. Every person convicted of a violation of any provision adopted in this
chapter shall be punished by a fine not exceeding one thousand dollars or by
imprisonment not to exceed one year, or by both such fine and imprisonment.
Section 5. Section 15.08.3 10 of Chapter 15.08, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.08.310 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of the Uniform Building Code,
Volumes 1, 2, and 3 named in the title of this chapter, as adopted and modified
herein, shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of any of the
codes and standards named in the title of this chapter 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
imprisonment for one year, or by both such fine and imprisonment.
Section 6. Section 15.20.120 of Chapter 15.20, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.20.120 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of the Uniform Plumbing Code
named in the title of this chapter, as adopted and modified herein, shall be deemed
guilty of a separate offense for each and every day or portion thereof during which
any violation of any of the provisions of any of the codes and standards named in
the title of this chapter 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 imprisonment for one year, or by both
such fine and imprisonment.
Section 7. Section 15.24.120 of Chapter 15.24, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.24.120 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of the Uniform Mechanical Code
named in the title of this chapter, as adopted and modified herein, shall be deemed
guilty of a separate offense for each and every day or portion thereof during which
any violation of any of the provisions of any of the codes and standards named in
the title of this chapter 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 imprisonment for one year, or by both
such fine and imprisonment.
Section 8. Section 15.28.110 of Chapter 15.28, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.28.110 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of this code shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of any of the codes and standards named in the
title of this chapter 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 imprisonment for one year, or by both such
fine and imprisonment.
Section 9. Subsection B of Section 17.12.070 of Chapter 17.12, Title 17 of the
Municipal Code of the Town of Avon is amended to provide as follows:
B. Any person or corporation, whether as principal, agent or employee,
who violates any provision of this zoning code shall be, for each offense,
punished by a fine of not exceeding one thousand dollars or imprisonment for a
period of not more than one year, or by both such fine and imprisonment. Each
day any violation of this zoning code continues will constitute a separate offense.
Section 10. Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon
is amended by the addition of a Section 15.08.027 providing as follows:
"15.08.027 Section 104.2 Powers and Duties of Building Official. Section
104.2.1 and Section 104.2.3 through Section 104.2.5 are amended to provide as
follows:
104.2.1 General. 'The building official is hereby authorized and directed to
enforce all the provisions of this code and of other provisions of the Avon
Municipal Code. For such purposes, the building official shall have the powers of
a law enforcement officer.
104.2.3 Right of Entry. When it is necessary to make an inspection to
enforce the provisions of this code, and of other provisions of the Avon Municipal
Code, or when the building official has reasonable cause to believe that there
exists in a building or upon a premises a condition that is contrary to or in
violation of this code, and of other provisions of the Avon Municipal code, that
makes the building or premises unsafe, dangerous or hazardous, the building
official may enter the building or premises at reasonable times to inspect or to
perform the duties imposed by this code, and of other provisions of the Avon
Municipal Code, provided that if such building or premises be occupied that
credentials be presented to the occupant and entry requested. If such building or
premises be unoccupied, the building official shall first make a reasonable effort
to locate the owner or other person having charge or control of the building or
premises and request entry. If entry is refused, the building official shall have
recourse to the remedies provided by law to secure entry.
104.2.4 Stop orders. Whenever any work is being done contrary to the
provisions of this code, or of other provisions of the Avon Municipal Code, or
other pertinent laws or ordinances implemented through the enforcement of this
code, the building official may order the work stopped by notice in writing served
on any persons engaged in the doing or causing such work to be done, and any
such persons shall forthwith stop such work until authorized by the building
official to proceed with the work.
104.2.5 Occupancy violations. Whenever any building or structure or
equipment therein regulated by this code or by other provisions of the Avon
Municipal Code is being used contrary to the provisions of this code, or of other
provisions of the Avon Municipal Code, the building official may order such use
discontinued and the structure, or portion thereof, vacated by notice served on any
person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the building official after receipt of such notice to
make the structure, or portion thereof, comply with the requirements of this code.
Section 11. Chapter 2.08, Title 8 of the Avon Municipal Code is amended by the
addition of a Section 2.08.110, providing as follows:
2.08.110 Schedule of Fines. The municipal court is authorized to establish a
schedule of fines to be imposed for the following violations:
8.24.040 Keeping junk.
8.24.042 Parking and driving in designated areas.
8.24.045 Weeds.
8.24.065 Driveways must be paved.
8.24.050 Depositing waste material.
8.24.065 Driveways must be paved.
8.24.070 Spilling loads on highways prohibited.
8.24.085 Limitation of construction activity.
8.24. 100 Ice and snow overhangs and accumulations.
8.24.110 Ice and snow on sidewalk, public passageway or parking area.
10.04.040 Violations-Penalties.
15.08.025 Cleanup during construction.
15.08.300 Violations.
15.12.060 Violations.
15.20.110 Violation.
15.24.110 Violation.
17.12.030 Permit requirement.
17.12.070B Violations-Penalties and Remedies.
Section 12. Chapter 17.40, Title 17 of the Avon Municipal Code is repealed.
Section 13. It is unlawful for any person to violate any of the provisions of this
Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall
be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one
year or by both such fine and imprisonment.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 28th day of May, 2002, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 11th day of June, 2002, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
~-c,__"
ayor V C/
ATTEST:
Town ler c
INTRODUCED, FINALLY
APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 1 Ith day of June, 2002.
-~Ir
Magr
ATTEST: s=.;:$ Tov~n C erk y y l% !J 1
APPROVED AS TO FORM: 1 ^ za` 'L
Tow 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 5:30 P.M. ON THE 11TH DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-08, SERIES OF 2002:
An Ordinance Amending The Municipal Code Of The Town Of Avon To Make
More Effective The Enforcement Of The Zoning And Building Regulations Of The
Town; Enlarging The Jurisdiction Of The Municipal Court Of The Town Of Avon;
Authorizing A Schedule Of Fines For Certain Violations; And Providing For The
Violation 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 7th day of June, 2002.
TOWN OF AVON, COLORADO
BY: 3 F~c
PattM Kenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY