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TC Ord. No. 1979-15ORDINANCE NO. 79-15 TONN OF AVON SERIES OF 1979 AN ORDINANCE CONCERNING FIRE SAFETY; PROVIDING FOR FIRE SAFETY INSPECTIONS BY FIRE DEPARTMENT PERSONNEL; PROVIDING PENALTIES FOR CERTAIN ACTS AND OMISSIONS WHICH CONSTITUTE FIRE HAZARDS; CONTAINING PROVISIONS RELATING TO THE AUTHORITY UNDER WHICH THE ORDINANCE IS ENACTED AND PROVIDING FOR OTHER DETAILS IN RELA- TION THERETO. Section 1. Inspections - Fire Hazards - Order to Remove or Correct - Appeal as Provided by Statute. Whenever the Fire Chief of any Fire Protection = District serving the Town of Avon or any por- tion of the Town of Avon, or any member of any such Fire Department who has been desig- nated by the Chief of any such Department or District, finds, through inspection ~procedures, any building or other structure which, for want of repair, lack of or insufficient fire escapes, automatic or other fire alarm appara- tus, or fire extinguishing equipment as may be required by law or for reasons of age or di- lapidated condition, or from any other cause, is especially liable to fire or hazardous to the safety of the occupants thereof, and which is so situated as to endanger and whenever such officer fin ing combustible or explosive flammable conditions, dangero of such building or its occup order the same to be removed and such order shall forthwit by the owner, lessee, agent o premises or buildings. In ca lessee, agent or occupant may aggrieved by such order, such agent or occupant may follow procedures outline in C.R.S. other property, is in any build- natter or in- ns to the safety ants, he shall )r remodeled, i be complied with occupant of such ;e such owner, feel himself owner, lessee, :he statutory .973, 32-5-342. Section 2. Violations - Penalties. Any owner, lessee, agent or occupant of any building or premises'-.maintaining any condi- tion likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this ordinance shall be deemed to be maintaining a fire hazard and shall be guilty of a misdemeansor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, any 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 viola- tion of the provisions of this ordinance 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 three hundred dollars ($300.00) or by imprisonment for not more than 90 days, or by both such fine and imprison- ment. • Section 3. Authority - Conflict with State Statutory Provisions. This Ordinance is enacted pursuant to the autho-' rity granted by the Town Charter for the Town of Avon, Colorado, and pursuant to Article XX, Sec- tion 6 of the Constitution of the State of Colorado. In enacting this Ordinance the Town Council acknowledges existence of similar provisions contained in C.R.S. 1973, 32-5-34 et seq. The Council specifically hereby reaffirms the con- cept that fire safety is a matter of local as well as statewide concern and further states that it is in the public welfare that the pro- visions of this Ordinance be enacted. Section 4. Saving Clause. If any part, section, subsection, sentence, clause, or phrase of this Ordinance or any of the Codes or Standards adopted hereby are for any reason held to be invalid, such decisions shall not affect the validity of the remaining sections of this Ordinance or any of the Codes or Standards adopted hereby; the Town Council hereby declares that it would have passed this Ordinance and adopted the Codes and Standards named in the title hereto in each part, section, subsection, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, subsection, sentences, clauses or phases be declared to be invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this A day o4L, 1979 and a public hearing on this Ordinance shall be eld at a meeting of the Town Council of the Town of Avon, Colorado, on the day of1979, at 7:30 P.M., in the Municipal Offices of the o oLr 4ATTEST: Town Clerk' INTRODUCED, APPROVED ON SECOND READING, PASSED, ENACTED AND ORDERED PUBLISHED THIS DAY OF ru L , 1979. ATTEST: BY TOWN CLE TOWN OF AVON BY : i/- ay r I . 9 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING 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 10th day,of July, 1979 at the Town Hall for the purpose of considering the adoption of ORDINANCE NO. 79-15: AN ORDINANCE CONCERNING FIRE SAFETY, PRO- VIDING FOR FIRE SAFETY INSPECTIONS BY FIRE DEPARTMENT PERSONNEL; PROVIDING PENALTIES FOR CERTAIN ACTS AND OMISSIONS WHICH CON- STITUTE FIRE HAZARDS; CONTAINING PROVISIONS RELATING TO THE AUTHORITY UNDER WHICH THE ORDINANCE IS ENACTED AND PROVIDING FOR OTHER DETAILS IN RELATION THERETO. 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 meeting is open to the general public. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 26th day of June, 1979. TOWN OF AVON, COLORADO By order of the Town Council By TOWN CLERIK POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 27, 1979: THE NORTHEAST SIDE THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE) THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER