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TC Ord. No. 2006-06 Amending Title 8 muni code of the TOA defining building activity declaring abandoned building activity a public nuisance and providing penalties for abandonmentTOWN OF AVON, COLORADO ORDINANCE NO. 06-06 SERIES OF 2006 AN ORDINANCE AMENDING TITLE 8, MUNICIPAL CODE OF THE TOWN OF AVON, DEFINING BUILDING ACTIVITY, DECLARING ABANDONED BUILDING ACTIVITY A PUBLIC NUISANCE, AND PROVINDING PENALTIES FOR ABANDONMENT. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 8.30, Chapter 8 of Title 8, Avon Municipal Code, is as follows: CHAPTER 8.30 Abandoned Buildings & Building Activity 8.30.010 Definitions. For the purposes of this Chapter: Abandoned building means a building which the owner or lessee thereof has not occupied, for at least six (6) consecutive months. Without limiting the generality of the foregoing, any building for which the building permit has expired and for which no certificate of occupancy has been issued shall be presumed to be abandoned. Abandoned building activity means a property or premises on which the owner or developer thereof has....not:...._de ionstt_atec~....._Contin_ued material }'fro«ress for at least six 6 consecutive months, or has .....3..._ _ _ i allowed a building permit and/or right of way permit to expire as a result of significant construction activity being suspended or abandoned for at least six (6) consecutive anonths. Building means any aboveground improvement or structure or_...excavation_ and grading activity. finished or unfinished, which is intended, designed, built or adapted for eventual use to be occupied for residential or commercial purposes. Building Official means the person charged with the administration and enforcement of Chapter 15.04 of this Code. (Ord. 86-18 § I (part)) 8.30.020 Abatement of nuisance authorized. (a) Any abandoned building or abandoned building activity is declared to be a public nuisance. (b) Upon discovery of facts that there exist conditions constituting a public nuisance, the Building Official is authorized to immediately commence proceedings to cause the abatement of such public nuisance in the manner herein prescribed. (c) Abatement may be accomplished either by: (1) Reoccupation by the owner, or any tenant, lessee or other party entitled to possession after a determination by the Building Official that the building complies with all applicable requirements of this Code; (2) Demolition and removal of the building and filling of all excavations of abandoned b_Uilding activity in compliance with all applicable requirements of this Code; or (3) In the case of any building for which no final certificate of occupancy was issued, completion of the building in compliance with all applicable requirements of this Code and issuance of a certificate of occupancy. (Ord. 86-18 § 1(part)) 8.30.030 Abatement procedure. Upon discovery of conditions constituting a public nuisance, the Building Official shall give notice to cause abatement. Notification shall be personally served or sent by certified mail to all persons, firms, corporations and other entities which the records of the County disclose claim an interest in the building. The notification shall be in the following form: NOTICE OF VIOLATION DECLARATION OF VIOLATION OF CHAPTER 8.30 OF MUNICIPAL CODE RELATING TO THE ABANDONMENT OF A BUILDING AND/OR BUILDING ACTIVITY. NOTICE IS HEREBY GIVEN that as of the day of , 20, the Town of Avon, has found and determined that conditions exist on the real property described as: which constitute a public nuisance and a violation of the provisions of Chapter 8.30, of the Avon Municipal Code, in that the building on said real property is abandoned, as defined in Section 8.3-0.010(a). That failure to abate the nuisance by reoccupation, demolition or completion of the building and/or restoration of the property or premises subject to building, activity, according to the provisions of Section 8.30.020 of the Municipal Code within sixty (60) days from the date of delivery of this Notice, or within such additional time as may for good cause be permitted by the Building Official, shall result in the commencement of enforcement proceedings for the abatement of said public nuisance pursuant to the provisions of Chapter 8.30. That if any completion, demolition, dismantling, moving, removal, additions to, or restoration or repair of any buildings and/or._ building. act.iyity, or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be performed by persons or entities affected by this notice, other than Town officials, agents or employees, appropriate permits must be obtained prior to the commencement of any such work. NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the determination of the Building Official to the Town Council by giving written notice of such appeal to the Town Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice. (Ord. 86-18 § 1(part)) 8.30.040 Effect of voluntary abatement. If the public nuisance is abated by the owner of any building or building activity- which is in a condition of abandonment within the sixty-day period allowed in the notice of violation, the Building Official shall cease further abatement proceedings. (Ord. 86-18 §1(part)) 8.30.050 Abatement hearing - Town action - lien. (a) Further abatement proceedings sha-14 may be pursued by the Town when the notice of violation as provided in Section 8.30.030 has been served and abatement of the public nuisance has not been Ordinance No. 06-06 Chap 8 Amendments Page 2 of 3 accomplished within the sixty-day period. However, if abatement of the public nuisance has been commenced within the sixty-day period, the Building Official may grant a single extension of time for sixty (60) days for good cause shown, such as delays beyond the control of the affected party or parties. (b) In the event the owner of an abandoned building and/or building; activity fails to abate the public nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed an_d/or the re5torti«n gf theroherty or premises to such a degree as, in the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a lien which may be foreclosed upon in the manner provided for the foreclosure of mechanics liens. The amount of such lien shall bear interest at the rate of eighteen percent (18%) per annum from the date of assessment until the same has been paid. (Ord. 89-11 §1; Ord. 86-18 §1(part)) INTRODUC, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED tha 5 day of April, 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council e day of mil, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal Building,/ OQ Be hmark Road, von, Colorado. ATT C Patty cI nny,3own Clerk a"`• `S1 ~ a Ron'a] 1NTRUDUCED, FINALLY A AND ORDERED POSTED the ~ day of ATTEST: PASSED ON 12006. C. Wolfe, Mayor _ ~ Lail st y 1 r ^yP `y . 04 1--[ tty Mc Lenny, To n Clerk `j AP ROVED AS TO FORM: t; °°e~ 0 X_11 Jo W. Dunn, Town Attorney READING Ordinance No. 06-06 Chap 8 Amendments Page 3 U3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Dir Date: April 18, 2006 Re: First Reading of Ordinance 06-06, amendment to the Avon Municipal Code, Title 8, Chapter 8.30 Abandoned Buildings and Activity Summary: Attached to this memo is an ordinance being forwarded to you for review, discussion, and approval on first reading that proposes amendments to the Town Municipal Code. The proposed amendment is intended to expand the ability of the Town to provide abatement for abandoned construction activity. As currently outlined, the Chapter is limited to abandoned buildings (where construction has actually begun and not completed). This is a staff-initiated amendment, and we view this as necessary `housekeeping' of the Municipal Code as the Town continues to experience rapid growth. By including building activity as a defined term subject to the same abatement procedures and also defined as a public nuisance, the power of the Building Official and the Town is expanded to protect the community from construction projects that are abandoned. This ordinance was referred to the Legal Subcommittee and the Town Attorney for review and comments have been incorporated into the ordinance. The Planning & Zoning Commission was also informed about the goals of this ordinance and generally supported the expansion of Town authority to include abandoned construction activity in addition to abandoned buildings. Recommendation: We recommend that you deliberate on the proposed revisions to Chapter 8.30 as underlined in the attached Ordinance, providing staff with any recommended changes. The public hearing for this Ordinance will be held on May 9, 2006. Alternatives: The following options are available for action on this ordinance: - Approve on First Reading, setting the Second Reading and public hearing date to May 9, 2006. - Deny on First Reading. - Table on First Reading. Proposed Motion: "I move to approve Ordinance 06-06 on first reading, establishing May 9, 2006 as the Public Hearing and Second Reading." Town Manager Comments: Attachments: A. Ordinance 06-06, An ordinance amending Title 8 of the AMC, Defining Building Activity, Declaring Abandoned Building Activity a Public Nuisance and providing penalties for abandonment. Page 2 April 25 Town Council Meeting / First Reading Ordinance 06-06 Chapter 8.30 Avon Municipal Code Amendment to Abandoned Buildings and Building Activity.