TC Ord. No. 1980-23TOWN OF AVON
ORDINANCE NO. 23
Series of 1980
AN ORDINANCE AMENDING ORDINANCE NO. 2, SERIES OF
1979, TO AMEND SECTIONS 303 AND 303(c), UNIFORM
BUILDING CODE TO REQUIRE PAYMENT OF A CLEANUP AND
LANDSCAPING DEPOSIT AS A CONDITION TO ISSUANCE OF "
A CERTIFICATE OF OCCUPANCY UNDER CERTAIN CONDITIONS;
DELETING ARTICLE 12,OF THE UNIFORM FIRE CODE; PROVI-
DING A PENALTY FOR THE VIOLATION HEREOF; AND REPEAL-
ING CERTAIN ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Repeal and Reenactment of Paragraph (h),
Section 2, ordinance No. 2, Series of 1979.
Paragraph (h), Section 2, Ordinance No. 2, Series of
1979, is hereby repealed in its entirety and reenacted as follows:
"(h) Section 303 of the UBC is amended hereby as
follows:
(1) All Plan check fees of Section 303(b)
shall be paid.
(2) The minimum fee of $5.00 set forth in
Table 3-A of Section 303 is amended to be $10.00. All
other building permit fees shall apply, except for the
$5.00 increase.
(3) Job sites shall be kept clean and
orderly at all times, and if it becomes necessary for
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the Town of Avon to clean and/or haul debris or material
from the site, after reasonable notice to do so, a reasonable
sum for such services shall be charged to the permit holder,
which sum shall be payable at the time a certificate of
occupancy is issued. Construction debris shall be stored
in one general location on the site and shall be removed
weekly by the permit holder or his agent.
(4) Section 303(f). Contractor Licensing Fees,
Insurance and Bonds. All Contractors shall procure a
license for conducting work within the Town of Avon.
Established Fees are as follows:
Annual Fee
Class I. General Contractor ..............$100.00
Class II. Building Contractor $ 25.00
e.g. drywall, masonry, roof
covering, excavation, concrete,
moving buildings, painting,
swimming pool, metal work,
elevator, carpentry.
Class III.
Subcontractor
$
25.00
e.g. fences, patios, insulation
light construction, siding, repai
r
and remodel, exterior sheet metal
,
glass and glazing, carports, pipe
and ducts, scaffold erectors, til
e
and marble.
Class IV.
Homeowner
$
25.00
constructing own house or
major alterations.
Class V.
Wrecking Contractor
$
25.00
Class VI.
Plumbing Contractor....
$
25.00
(State License No. required)
'
Class VII..
Steam and Hot Water Contractor
$
25.00
Class VIII.
Heating and Ventilation
Contractor
$
25.00
Class IX.
Gas Service Contractor
$
25.00
Class X.
Refrigeration Contractor
$
25.00
Class XII. Fire Protection Contractor $ 25.00
Class XIII. Lawn Sprinkler Contractor $ 25.00
(2)
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Class XIV. Electrical Signal Contractor $ 25.00
Class NV. Landscaping $ 25.00
Class XVI. Other $ 25.00
Class A, Municipal.
Water, sewer and storm drains and
storm drains and water and sewer
service lines $ 50.00
Class B, Municipal.
Paving, excavation, grading leveling,
sidewalk $ 50.00
Class C, Municipal.
Water and sewer service lines including
excavation, pipe placement, backfilling....... $ 25.00
Contractors License As
Class I
Class II
Class III
Class VI
Class VIII
Class XV
Class A
May Also Perform As
Class II, III, IV, V
Class III, IV, V
Class IV, V
Class VII, IX, XIII
Class XIII
Class XIII
Class C
Licenses issued pursuant to this section shall be
valid for a period of exactly one year from the date of issue.
Certificates of Insurance for Statutory Workmen's
Compensation, and Public Liability of $100,000/person, $300,000/
accident and $50,000 property damage must be provided before a
Contractor's Permit is issued.
Electrical Contractors will not be licensed by the
Town, but will be required to be registered ($25.00 fee) annually
and will provide the same insurance listed above. Plumb-
ing Contractors will be licensed until Colorado laws provide
state licensing only, at which time registration will be required
($25.00 annual fee), the same as Electrical Contractors.
(3)
Section 2. Repeal and Reenactment of Paragraph (i),
Section 2, Ordinance No. 2, Series of 1979.
Paragraph (i), Section 2, Ordinance No. 2, Series of
1979, is hereby repealed in its entirety and reenacted as follows:
"(i) Section 306(c) of the UBC is amended hereby by
the following:
A Certificate of occupancy shall be issued after
final inspection when it is found that the building or
structure complies with the provisions of the UBC and
the following:
(1) All amendments to the Code as provided in
this Ordinance,
(2) "As Constructed" drawings and plans certified
by the Architect, engineer, soils engineer and owner as
it pertains to structural, soils condition, plumbing,
mechanical, electrical, landscaping, grading, and any
other requirements by the Design Review Board and the
Town of Avon.
(3) Cleanup and landscaping, including grading,
drainage, paving, lighting and installation of sprink-
ling systems, (herein "cleanup and landscaping") has
been completed and all sums charged for cleanup by the
Town paid. Provided, in the case of buildings or struc-
tures completed during the months of May through September,
cleanup and landscaping may be completed within 60 days of
issuance of a Temporary Certificate of Occupancy upon pay-
ment of a cleanup and landscaping deposit. Provided, further,
in the case of buildings, or structures completed during
months of November through April, a temporary certificate
of occupancy shall be issued and cleanup and landscaping may
be completed by the end of the ensuing June upon payment
(4)
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of a cleanup and landscaping deposit.
(4) The deposit shall be paid in cash and shall be paid
to the Town of Avon. In lieu of cash, and upon a showing to the
Town that adequate security will be provided thereby, the deposit
may be by letter of credit, written commitment of a lending
institution that funds have been set aside or a corporate com-
pletion bond including written undertaking of the surety to com-
plete all work upon demand of the Town. The amount of the
deposit required shall be based upon a current bid by a
reputable contractor, good for a sufficient time to allow com-
pletion of work, or upon some other basis deemed comparable by
the Town. In computing the amount of the deposit, partial
completion shall be taken into consideration. Further, as
landscaping is satisfactorily completed, the building administrator
in his discretion may release corresponding amounts of the deposit.
Application for such release shall not be made more often than
monthly. Satisfactory completion of landscaping shall mean
construction and/or installation of landscaping items agreed to
with the Design Review Board and Town before approval of a given
site plan for a project, including lawn sprinkler systems, grading,
drainage, paving and lighting. Any interest earned on the
deposit shall be paid to the permit holder.
(5) In the event landscaping, as defined herein, is not
completed by the permit holder to the satisfaction of the Town,
the Town may, but shall not be obligated to the permit holder or
to anyone else to, complete such landscaping. In the event the
Town chooses to complete the landscaping, the cost of doing so,
toaether with fee in the amount of 20% of such cost, shall be
charged to the permit holder and deducted from the cash deposited.
If such cost, plus the fee, exceeds the amount of the deposit, the
excess, together with interest at 8% per annum, shall be a lien
against the property and may be collected by civil suit or may be
certified to the Treasurer of Eagle County to be collected in the
same manner as delinquent ad valorem taxes levied against such
property.
(5)
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Section 3. Amendment.
Section 6,iOrdinance No. 2, Series of 1979 is amended
by the addition of a paragraph (g) (i) as follows:
"(g) (i) Article 12 is deleted."
Section 4. Repeal.
Ordinance No. 11, Series of 1980, Ordinance No. 1,
Series of 1980 and Ordinance No. 5, Series of 1978, are
hereby repealed.
Section 5. Penalties.
Any person, firm or corporation violating any of the
provisions of this Ordinance shall be deemed guilty of a vio-
lation of this Ordinance, and any such person, firm or corpor-
ation shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation
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 $300.00 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
Section 6. Saving Clause.
If any part, section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
sections of this Ordinance or any of the Codes or Standards
adopted by Ordinance No. 2, Series of 1979; the Town Council
hereby declares that it would have passed this Ordinance and
adopted the aforesaid Codes and Standards in each part, section,
subsection, sentence, clause or phrase thereof, irrespective of
the fact that any one or more parts, sections, subsections, sen-
tneces, clauses or phrases be declared to be invalid.
(6)
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of , 1980 and
a public hearing on this ordinance shall a held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on
the 73,*-_ day of 19 80 , at 7:30 P.M. in
the Municipal Offices of ihe Town.
Ang o 7- Alp i. , May r
ATTEST:
cia J. Doyley Town
INTRODUCED, PASSED ON SECOND READING, APPROVE AND
ORDERED PUBLISHED ONCE IN FULL, this o Z~ day of ,
1980. This ordinance will become effective on
1980.
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(7)
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 7:30 P.M. ON THE 23RD DAY OF
SEPTEMBER, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO.#80-23, SERIES OF 1980:
AN ORDINANCE AMENDING ORDINANCE NO.2, SERIES OF 1979, TO AMEND
SECTIONS 303 AND 303(c), UNIFORM BUILDING CODE TO REQUIRE PAYMENT OF
A CLEANUP AND LANDSCAPING DEPOSIT AS A CONDITION TO ISSUANCE OF
A CERTIFICATE OF OCCUPANCY UNDER CERTAIN CONDITIONS; DELETING ARTICLE
12 OF THE UNIFORM FIRE CODE; PROVIDING A PENALTY FOR THE VIOLATION
HEREOF; AND REPEALING CERTAIN ORDINANCES IN CONFLICT HEREWITH.
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 given and published by order of the town Council of
the Town of Avon, Colorado.
Dated this 11th day of September, 1980.
TOWN OF AVON, COLORADO
V
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 12, 1980:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE,
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL,
THE PESTER GAS STATION, AND
THE TOWN OFFICES, SECOND FLOOR, BENCHMARK SHOPPING CENTER.
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k.
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CERTIFIED RECORD
OF
PROCEEDINGS
OF
THE TOWN COUNCIL
OF
THE TOWN OF AVON, COLORADO
RELATING TO
AN ORDINANCE
AUTHORIZING THE ISSUANCE
OF ITS
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(CITY MARKET, INC. PROJECT)
SERIES 1980
DATED SEPTEMBER 1, 1980
IN THE PRINCIPAL AMOUNT OF
$2,800,000
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF AVON )
The Town Council of the Town of Avon, Colorado, met in special
session at the Town Hall, Avon, Colorado, on Wednesday, the 10th day
of September, 1980, at the hour of 7:30 p.m.
The following members of the Town Council, constituting a quorum
thereof, were present:
Angelo Alpi, Mayor
Bill Doyle
Steve Erickson
Hugh Price
Sheila Davis
A. J. Wells
Allan Nottingham
The following members of the Town Council were absent:
Allan Nottingham
The following persons were also present:
Patricia J. Doyle, Town Clerk
John W. Dunn, Town Attorney
Thereupon, the following proceedings, among others, were had and
taken:
The Town Clerk reported that at least twenty-four (24) hours prior
to this special meeting she had caused a Notice of Special meeting in
substantially the following form to be served personally on or left at
the usual place of residence or place of business of each member of
the Town Council and to be posted in at least three (3) public places
in the Town, all in accordance with Section 5.2 of the Town Charter:
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(Form of Notice of Special Meeting)
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Council Member. A.J. Wells introduced and moved the approval
on first reading of the following Ordinance, which was read by title,
copies thereof having previously been made available to the Town
Council and to those persons in attendance at the Council meeting:
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