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TC Ord. No. 2015-02 Amending Avon Municipal Code Chapters 1.04 Definitions 3.12 Real Estate Transfer Tax 5.04 Business Licenses and 5.16 Peddlers and SolicitorsATTACHMENT A: Ord. No 15 -02 - FINAL READING TOWN OF AVON, COLORADO ORDINANCE NO. 15 -02 SERIES OF 2015 AN ORDINANCE AMENDING AVON MUNICIPAL CODE CHAPTERS 1.04 DEFINITIONS; 3.12 REAL ESTATE TRANSFER TAX; 5.04 BUSINESS LICENSES; AND, 5.16 PEDDLERS AND SOLICITERS WHEREAS, the Avon Town Council finds that amendments to Chapter 3.12 concerning the timing of applications for exemption from real estate transfer tax for primary residence exemptions and concerning applications for refunds will improve the administration of real estate transfer tax exemption applications; WHEREAS, the Avon Town Council finds that the transfer of certain business license functions from the Town Clerk to the Finance Department will promote the efficiency of the Town government by consolidating business license and sales and accommodation tax license and collection functions in the same department; WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town Council finds that the administration of real estate transfer tax and regulation of business licenses is a matter of local concern; WHEREAS, the regulation of peddlers and solicitors will promote the protection of the general public from unwanted disturbance, potential dangers, and potential deceptive or fraudulent practices; WHEREAS, the regulation of vendors will promote the orderly, safe and attractive use of public plazas, places, parks and other public right -of -ways; WHEREAS, the regulation of public artists will promote the orderly and safe use of public plazas, places, parks and other public right -of -ways; WHEREAS, it is the Town Council finds that amendment to Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 of the Avon Municipal Code will promote the health, safety and welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 1 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 1.04.010 Definitions. Section 1.04.010 Definitions of the Avon Municipal Code is amended, with stfike indicating words which are deleted and double underline indicating words which are added, to read as follows: Person includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, limite liability comfy. other recognized legal entity or the manager, lessee, agent, servant, officer or employee of any of them. Section 3. Amendment to Avon Municipal Code Section 3.12.020 Definitions. Section 3.12.020 Definitions of the Avon Municipal Code is amended to add the following definition: Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the applicant's application for exemption. Section 4. Amendment to Avon Municipal Code Section 3.12.060(15). Section 3.12.060(15) of the Avon Municipal Code is amended, with stfike indicating words which are deleted and double underline indicating words which are added, to read as follows: (15) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided the following conditions are met: a. The same applicant has not previously received an exemption pursuant to this Subsection; b. An application for exemption is filed with the Town Manager or his or her design , which application is accompanied by: 1. An affidavit that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co- signor shall not disqualify the exemption for the applicant where the co-- Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 2 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING signor is signing for the sole nuroose of facilitating the financing qualifications of the a lnn icant /nrimary resident and signs an affidavit that the co- signor is not a co- purchaser for investment or resale purposes), and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall fail to occupy and use the property as a primary residence ' the timeframe established under the definition of 12rimary residence found in 3.12.020 or shall cease to use the property as his or her primary residence within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record. C. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pain the transaction. Section 5. Amendment to Avon Municipal Code Section 3.12.060(16). Section 3.12.060(16) of the Avon Municipal Code is amended, with stfike indicating words which are deleted and double underline indicating words which are added, to read as follows: (16) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided that the following conditions are met: a. The applicant previously received a primary residence exemption pursuant to ection 3.12.060(15) and the applicant has satisfied the conditions of n.,...,,.,.ap "" e fth s S,,e fie,, subsection (15)b.l. and 2. of Section 3.12.060, and b. An application for exemption is filed with the Town Manager or his or her designee , which application is accompanied by: 1. An affidavit that the applicant's current primary residence used to satisfy the requirements of Paragraph Section3.12.060(15) is within the Town; that the applicant meets the definition of an Eagle County employee; that the real property is being purchased for use as a new primary residence and not for investment or resale provided that a co- signor shall not disqualify the exemption for the applicant where the co-, signor is signing for the sole nuroose of facilitating the financing qualifications of the-applicant/primary resident and signs an affidavit that the co- signor is not a co- purchaser for investment or resale nu ose ); and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 3 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING tax and the promissory note including accrued interest shall be due and payable in full in the event that the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary reside= found in 3.12.020 or shall cease to use the property as his or her primary residence or shall cease to meet the definition of an Eagle County employee within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record; and c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 6. Amendment to Avon Municipal Code Section 3.12.070(a). Section 3.12.070(a) of the Avon Municipal Code is amended, with stye -eut indicating words which are deleted and double underline indicating words which are added, to read as follows: (a) Application required. No transfer of real property shall be exempt from the imposition of the real estate transfer tax imposed in Section 3.12.030 unless a complete application for exemptions is filed with the Town and such application is approved by the Town. An application may be filed no more than seventy -five a s prior to a transfer of real property or within seventy -five (75) days after the transfer of real property. No application for exemption from real property transfer tax shall be received and no such application shall be approved if submitted to the Town more than four (4) months after the date of transfer, unless the Finance Director finds good cause exists for a later films. Notwithstanding the foregoing, an application for exemption for low and moderate income housing projects pursuant to Section 3 12 060(14) must be submitted and approved prior to the transfer of real property and no such application for exemption pursuant to Section 3 12 060(14) may be received or approved after the transfer of real property. Section 7. Amendment to Avon Municipal Code Section 3.12.140 Refund of tax paid in error. Section 3.12.140 of the Avon Municipal Code is amended with st-�e- indicating words which are deleted and double underline indicating words which are added, to read as follows: 3.12.140 Refund of tax paid in error. eensider-ation paid is exempt, the tfans&r-ee may apply to the Tewii Manager- far- r°fun f the to paid i e ithe it interest A transferee who has paid a real viuuu v "'�, ` state transfer tax, or portion thereof, in error may apply for a refund Any such application for refund must be filed within one (1) year after the day of recording of the deed causing the transfer. The failure to file an application for exem tion from a real estate transfer tax within the timeframes established in Section Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 4 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING 3.12.070 shall not constitute the 12avment of a real estate transfer tax in error. A Failtir-e of the Town Manager- to aet upon the appheatien within ten (10) business days after- . pt of the . ..i:,,atie., shat ti e , elus . ely deemed to ftsfi dte days Any person whose application is denied may appeal to the Town Council in accordance with Subsection 3.12.070(b) of this Chapter. Section 8. Amendment to Avon Municipal Code Chapter 5.04. Chapter 5.04 of the Avon Municipal Code is repealed in its entirety and re- enacted to read as follows: "Chapter 5.04 Business Licenses 5.04.010. Applicability. Any person, as defined in AMC Section 1.04.010 Definitions, engaged in business in the Town, as defined in AMC Section 3.08.010 and any person who advertises for accommodation use of a property in the Town of Avon shall first have applied for and received a business license issued by the Finance Director. 5.04.020. Definitions. For the purpose of this Chapter, the words set forth in this Section shall have the following meanings: Peddler means any person who sells and delivers or offers for sale to consumers any goods, wares or merchandise, food or beverage, traveling from place to place, or from house to house, or from street to street, or who sells or offers for sale and delivery any goods or other such articles while traveling on foot or by vehicle or any other type of conveyance. Public artist means any person who performs or creates art on Town owned property or street right -of -ways, for fees, tips or other compensation, which acts include but are not limited to music, recitals, readings, acting, drawings, paintings, mimes, and stationary performance. Solicitor means any person traveling either by foot or vehicle or any other type of conveyance from place to place, or from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever, for future delivery or for services to be performed or furnished in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a stationary cart or table regardless of whether a fee is charged for such goods or services. 5.04.030. Purpose. Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 5 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING (a) Require the licensing of businesses conducting business in the Town of Avon to gather valuable information and data regarding business activity in the Avon community. (b) Regulate the licensing of businesses to prevent unlawful businesses. (c) Promote and protect the use of street, sidewalk, trail and other public right -of- ways for the effective and safe passage of persons. (d) Preserve the limited number of Town parking spaces for parking use to prevent congestion. 5.04.040. Marijuana businesses prohibited. Medical marijuana business, marijuana establishment and marijuana club, as each are defined in Section 7.08.010 of this Code and as may be amended or recodified, are prohibited and unlawful in the Town. 5.04.050. Advertisement of accommodations. Every property owner providing any room or rooms used for accommodation for a total continuous duration of less than thirty (30) days shall obtain and maintain a business license prior to advertising such accommodation. The failure to obtain a business license prior to advertising such accommodation shall be a violation of this Chapter. Advertising shall include any written, oral or video communication or publication disseminated by signage, mailing, print, internet listing, e-mail publication, social media, other electronic means, telephone or other means which is intended to directly or indirectly induce a person to use or possess the accommodation for consideration. Any advertisement of accommodations shall prominently display the Avon business license number in the advertisement as, "Avon Business License No. [insert number] ". The failure to prominently display the Avon business license number in any advertisement of accommodation shall be a violation of this Chapter. 5.04.060. Peddler and Solicitor Regulations. Every peddler or solicitor shall comply with the following regulations and the failure to comply with the following regulations shall be a violation of this Chapter. (a) Signage. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any home, residence, gated residential complex, apartment complex or business that prominently displays a "No Peddlers" or "No Solicitors" sign or any other similar sign that communicates the desire of the occupants, managers or operators to not be contacted by peddlers or solicitors; Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 6 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING (b) Hours. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. or one half hour after sunset, whichever occurs earlier, and 9:00 a.m. (c) Investigation by Law Enforcement Official. Prior to the issuance of any business license for a solicitor or peddler: (1) The Police Chief or designee shall conduct a background check and investigate the applicant to assess any known dangers or risks that could stem from the applicant going door to door in the neighborhoods of the Town. The Police Chief or designee shall submit a written report to the Finance Director or designee stating his/her recommendation as to approval or disapproval of the license application. (2) If the Police Chief or designee recommends disapproval, his /her report(s) shall specify the reasons for such recommendation. (d) Carrying License Required. The business license shall be carried at all times when soliciting or peddling in the Town and shall be exhibited by such solicitor or peddler whenever requested to do so by a police officer, any Town official, or any persons solicited or peddled. (e) Misrepresentation of Facts. It is unlawful for any peddler or solicitor to make or cause to be made, directly or indirectly, for the purpose of selling or procuring an order for the sale of any goods, wares, merchandise, services, or anything of value, any assertion, representation, or statement of fact which is untrue, deceptive or misleading. (f) Unlawful to Blockade or Obstruct Public Places and Rights -of -Way. It is unlawful for any person to peddle or solicit to blockade or obstruct Town property or public right -of -ways in the Town. It is unlawful for any person to peddle or solicit from a vehicle, cart, trailer or other apparatus that occupies a parking space on Town property or public right -of -way. 5.04.070. Public Artist Regulation. Public artists may not perform in any one spot for longer than one hour without the express, written consent of the adjacent property owner and retail tenants. Public artists must not in any way block the entrance to any building nor may they reduce the pedestrian right -of -way to less than ten (10) feet. Public artists may not use any form of amplification unless an amplified sound permit has been obtained. Public artists may not interfere with special events taking place on Town property or right -of -ways. Public artists must keep the people in the audience out of pedestrian and transit paths. Public artists cannot leave any of their items -- equipment, props, tip jars, etc. — in the middle of the sidewalk. Public artist performances and their audience cannot block a merchant's display windows or doorways. Public artists may give people the opportunity to tip for performances; but must not solicit, beg, "hustle," or physically accost people in any way. Public artists must separate themselves from other performers, street artists Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 7 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING and vendors by at least seventy -five (75') feet, or more if necessary, to eliminate conflicts. Public artists are responsible that the noise level of their performance does not create problems for those around them. Public artists must pick up the trash left behind by their audience. Juggling of sharp objects or fire objects are not allowed without a permit and appropriate license or special event permit agreement with the Town. 5.04.080. Vendor Regulations. (a) Applicability. These Vendor Regulations shall apply to any vendors operating on Town property, sidewalk, street or other public right -of -way. (b) Location and permits. The location and maximum number of vendor permits shall be established by the Town Council by resolution. (c) Vendor Permits. The process for advertising the availability of vendor permits and the process for selecting vendors shall be adopted in writing and administered by the Town Manager. (d) Minimum Regulations. The following minimum requirements for vendors shall apply: (i) The Vendor licensee shall provide commercial liability insurance naming the Town of Avon as additional insured in such amount and in such form as established by the Town Attorney. (ii) The Vendor licensee shall indemnify the Town of Avon in such form as established by the Town Attorney. (iii) Vendor permits may be granted for a maximum three year period by the Town Manager. Vendor permits for longer than three years must be approved by the Town Council by resolution. (iv) The Vendor licensee shall operate in all respects in accordance with the terms of the vendor permit. (e) Additional Regulations. The criteria and regulations for vendor carts and vendor equipment and vendor operations, shall be adopted in writing by the Town Manager. (f) License — exhibition. Vendors are required to publicly exhibit their licenses and permits. 5.04.090. Required – fee – application. (a) A business license shall be obtained from the Finance Director prior to engaging in any business in the Town. It is unlawful and a violation of this Chapter for any person to engage in any business in the Town without first obtaining a business license required by this Chapter from the Finance Department. Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 8 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING (b) Business license fees shall be established by adoption of a resolution by the Avon Town Council, such fees shall include but not be limited to annual fees and late filing fees. (c) The business license application shall include information as required by the Finance Director, including but not limited to: the name of the business; the type of business; and, the name, address and contact information of the person conducting the business. (d) The person holding an annual business license shall file updated and current business license information each year on or before the anniversary of the issuance of a business license by the Finance Director on forms furnished by the Finance Department. The failure to file updated and current information on a timely basis shall be a violation of this Chapter. (e) The Finance Director may require upon the issuance or renewal of a business license, businesses within certain NAICS industry classifications and/or geographic locations to report certain daily sales tax and/or accommodations tax and other related data on forms on for periods prescribed by the Finance Director. (f) Business licenses shall be prominently displayed at the place of business in a conspicuous place. If the licensee does not have a place of business in Town then the license shall show the mailing address of such licensee. 5.04.100. Lawful business — denial. The Finance Director shall reject any business license application or reject a business license annual update if the business or use of the property which the business occupies is not in compliance with all applicable laws, including local, state and federal laws or if the Finance Director finds upon recommendation of the Police Chief that an applicant for a peddlers and solicitors license presents a threat to the public. The denial of a business license application or annual update shall be in writing, shall state the grounds for denial, shall state the rights of the applicant to appeal the decision and shall identify the last day to submit an appeal to the Town. The decision of the Finance Director may be appealed in accordance with Section 5.04.130. 5.04.110. Revocation — causes— notice and hearing. (a) A business license may be revoked for the following grounds: (1) Fraud, misrepresentation or false statement contained in the application of the license; (2) Fraud, misrepresentation or false statements made in the course of carrying on the licensed business; Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 9 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING (3) Failure to pay sales tax, accommodations tax or other applicable tax or fees to the Town of Avon; (4) For vendors, solicitors and peddlers: failure to comply with the vendor regulations or the terms of a vendor license permit; (5) For vendors, solicitors and peddlers: any violation of the ordinances of the Town involving moral turpitude; (6) For vendors, solicitors and peddlers: conviction of any crime or misdemeanor involving moral turpitude; or, (7) For vendors, solicitors and peddlers: conducting business in an unlawful manner or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public. (b) The Finance Director may revoke a business license in accordance with the following procedures: (1) The Finance Director shall submit a written notice of revocation to the business licensee, stating the following: (i) the grounds for revocation; (ii) requesting information if necessary; (iii) stating corrective action if applicable and appropriate; (iv) stating the appeal rights of the business licensee; (v) identifying the last day to file an appeal with the Town and stating that the revocation shall become effective on day after if no appeal is filed; and, (vi) stating that conduct of business without a business license shall be a violation of this Chapter. (2) Written notice shall be sent by U.S. first class mail to the address provided in the business license application. Notice shall be deemed given on the date that notice is deposited in the U.S. mail. (c) The Finance Director may immediately suspend a business license pending a written notice of revocation if the Finance Director has that reasonable grounds to believe that the business licensee has failed to comply with any regulation and that the violation creates an immediate threat to the health, safety and general welfare of the Avon community. Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 10 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING (d) The decision of the Finance Director may be appealed to the Avon Town Manager in the manner and in accordance with procedures set forth in Section 5.04.120. 5.04.120. Appeal. (a) Appeal to Town Manager. The business owner ( "appellant ") may appeal the decision of the Finance Director to the Town Manager. The appellant shall file a written appeal with the Town Manager within thirty (30) days after the date of transmittal of a written decision of the Finance Director or designee to deny or revoke a business license. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Finance Director's decision shall bar any further consideration of the application, shall bar any appeal to the Town Manager and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Manager within forty -five (45) days after the date of receipt. The Town Manager's review shall be de novo. The Town Manager may conduct a hearing if determined necessary by the Town Manager to ascertain additional facts relevant to the appeal. The Town Manager shall provide at least three (3) days' prior notice to the appellant stating the date, time and location where the Town Manager will conduct a hearing. The decision of the Town Manager shall be in writing, shall state the appellant's right to appeal the decision to the Town Council, shall state the last day to submit an appeal to the Town, and shall be sent by U.S. first class mail to the appellant. The decision of the Town Manager may be appealed to the Town Council. (b) Appeal to Town Council. The appellant may appeal the decision of the Town Manager to the Town Council. The appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Manager to deny an appeal. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Manager's decision shall bar any further consideration of the application, shall bar any appeal to the Town Council and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty -five (45) days after the date of receipt. The Town Council's review shall be de novo. The Town Council shall conduct a hearing. The Town Council shall provide at least three (3) days' prior notice to the appellant stating the date, time and location where the Town Council will conduct a hearing. The decision of the Town Council shall be in writing and shall be sent by U.S. first class mail to the appellant. The decision of the Town Council shall be the final decision of the Town and shall be final on the day that the Town Council takes action to adopt its findings in writing. 5.04.130. Violation —penalty. Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 11 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 5.04.140. Unpaid fees, penalties and interest a prior lien. (a) The fees, penalties and interest imposed by this Chapter shall be a first and prior lien upon the goods and business fixtures owned or used by any business required by the provisions of this Chapter to submit a business license return and make payment of the fees, penalties and interest. (b) The lien created by Subsection (a) above shall be construed to be liens and encumbrances upon the specific items of personal property therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature, and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. 5.04.150. Enforcement of Fees and Penalties and foreclosure of liens. (a) If any fee, penalty or interest imposed by this Chapter and not paid within fifteen (15) days after the same are due, the Director of Finance shall issue a warrant under his or her official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding him or her to levy upon, seize and sell sufficient personal property of the tax debtor which is subject to the liens created by Section 5.04.150 found within his or her county for the payment of the amount due, together with interest, penalties and costs. (b) Simultaneously with the issuance of said warrant, the Director shall issue a notice of payment lien, setting forth the name of the business, the amount of the fee, penalties, interest and costs, the date of the accrual thereof, and that the Town claims a first and prior lien therefor on the tangible personal property of the business subject to said liens. (c) Such notice shall be on forms prepared by the Director, shall be verified by him or her, and shall be filed in the office of the clerk and recorder of any county in this State in which the business owns tangible personal property subject to said liens. (d) Upon the filing of said notice of lien, the effective date of the lien shall relate back to the date of the first transaction for which any fee is due. Section 9. Amendment to Avon Municipal Code Chapter 5.16 Chapter 5.16 Peddlers and Solicitors of the Avon Municipal Code is repealed in its entirety. Section 10. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 12 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 11. Severabilfty. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 12. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 13. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 14. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 15. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXCUTION PAGE FOLL0WSJ Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 13 of 14 ATTACHMENT A: Ord. No 15 -02 - FINAL READING INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 10, 2015 and setting such public hearing for March 24, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. IC r ATTEST: to ancher, Mayor v e, Town Clerk Zi L V'Lllt L�rr�� dtp�-},Ta./.. C -C-A-% ADOPTED ON SECOND AND FINAL READING on March 24, 2015. B ATTEST: Y• : a& (1.. Jenbie Fancher, Mayor r-� / , Town Clerk APPROVED AS TO FORM: Eric J. H&f own Attorney Ord 15 -02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 24, 2015 — FINAL Page 14 of 14