TC Ord. No. 1983-04TOWN OF AVON
ORDINANCE NO.83-4
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Series of 1983
AN ORDINANCE AMENDING CHAPTER 15.04 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON TO IN-
CREASE FEES-PAYABLE THEREUNDER; TO MAKE
PROVISION WITH RESPECT TO THE BOARD OF
APPEALS'AND TO MARE OTHER CHANGES WITH.RE-
SPECT TO THE AVONADMINISTRATIVE CODE, AND TO
PROVIDE A PROCEDURE-FOR THE ISSUANCE AND
REVOCATION OF TEMPORARY CERTIFICATES OF OCCUPANCY,
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE TOWN_ COUNCIL OF THE TOWN OF
AVON, COLORADO, as follows:
Section 1. Amendment: Chapter 15-.04, Title 15 of
the Avon Municipal Code is amended to add a section
15.04.271 as follows:
"15.04.271 Liability of Board Members. Any
members of the Board provided for herein, acting
in good faith and without malice for the Town in
the discharge of their duties shall not thereby,
render themselves,personally liable. Said members
are hereby relieved from all personal liability
for any damage that may accrue to persons or
property as a result of any act required, or by
reason of any act or omission related to the
discharge of their duties. Any suit brought
against a member or members of the Board as
provided for herein, because of such act or
omission performed by them in the discharge of
their duties, shall be defended by the Town until
final termination of the proceedings.."
Section 2. Amendment. Paragraph 13 of Section
15.04.350 of Chapter 15.04, Title 15 of the Avon Municipal
Code is amended to read as follows:
"13. Exception: The building official may
waive the submission of plans, calculations, etc.,
if he finds that the nature of the work applied
for is such that reviewing of plans or calcu-
lations is not necessary to obtain compliance with
this code.
Section 3. Amendment. Section 15.04.490 of
Chapter 15.04, Title 15 of the on Municipal Code is.
amended to read as follows:
"15.04.490. Contractor Licensing Fees.
A. All contractors shall procure a license_
for conducting work within the Town of Avon.
B. Established Fees are as follows:
Class I. General Contractor.'. $ 125.00
Class II. Other Contractors
(Except Class III)
35.00
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Class III. Municipal Contractors........... 75.00
C. Licenses issued pursuant to this section shall
be valid for a period of exactly one year from the date
of issue.
D. 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 for all contractors before a
Contractor's license is issued.
E. Electrical Contractors will not be licensed by
the Town, but will be required to be registered ($35.00
fee) annually and will provide the same insurance
listed above.
Section 4. Amendment. The title of Section 15.04.580
of Chapter 15.04, Title 15 of the Avon Municipal Code is
amended to read "Special Inspections".
Section 5. Section 15.04.690 of the Avon Municipal
Code is amended to read as follows:
Section 15.04.690 Certificate of Occupancy--Temporary
Certificate.
If the Building Official finds that a building or a
portion thereof complies with minimum standards for
life, health and safety and that substantial hardship
will result if occupancy is not permitted, prior to
issuance of a final certificate of occupancy for such
building, he may issue a Temporary Certificate of
Occupancy for the use of such building or portion
thereof prior to the completion thereof. No temporary
certificate of occupancy shall be issued unless the
owner of the building agrees in writing to hold the
Town of Avon harmless from any claims arising as a
result of such temporary occupancy. For purposes of
this Section, the term "substantial hardship" shall
mean an injury or deprivation which cannot be overcome
by reasonable efforts on the part of the applicant and
which cannot be remedied if experienced. Such
Temporary Certificate of Occupancy shall contain an
expiration date no more than six months subsequent to
issuance thereof. In the event that the building or
portion thereof for which a Temporary Certificate of
Occupancy is issued does not qualify for a permanent
Certificate of Occupancy within the time limited upon
the issuance of the Temporary Certificate of Occupancy,
at the expiration of the period stated in the Temporary
Certificate of Occupancy the building or portion
thereof for which the Temporary Certificate of
Occupancy was issued shall be vacated until such time
as either another Temporary Certificate of Occupancy or
a permanent Certificate of Occupancy is issued. If the
Building Official finds that a building or portion
thereof which would be entitled to a Temporary
Certificate of Occupancy is not qualified to receive a
permanent Certificate of Occupancy because corrective
measures must be taken to provide additional facilities
required by the Town of Avon, the Building Official may
condition the Temporary Certificate of Occupancy upon
the satisfaction of such additional requirements within
the time limited pursuant to the requirements of this
section. In the event such
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requirements are not satisfied within the time therein
limited, the Temporary Certificate of Occupancy shall
expire and be of no affect upon the date stated in the
Temporary Certificate of Occupancy. Upon such occa-
sion, the building or portion thereof for which the
Temporary Certificate of Occupancy was issued shall be
vacated until such time as any additional requirements
of the Town of Avon remaining unsatisfied shall be
satisfied. The provisions of this Section shall not
limit the authority of the-Building Administrator to
issue a Temporary Certificate of Occupancy contingent
only upon completion of physical improvements to the
subject property in accordance with the provi- signs of
Section 15.04.720 of this Code.
It "shall be unlawful for any-person to occupy a build-
ing or portion thereof for which neither a Temporary
Certificate of Occupancy or.a permanent Certificate of
Occupancy has been issued; or-to continue to occupy a
building or portion thereof.whose Temporary,Certificate
of Occupancy has been terminated or has been revoked
pursuant to the Municipal Code of the Town of Avon.
Section.6. Violations and Penalties. It is-unlawful
for any,person to violate any provision hereof. Any person
who violates any provision of.this,Ordinance shall be
punished-by a fine of not more than five,-hundred dollars or
by imprisonment for-a period of not more than ninety days or
by.both,such fine and-imprisonment; provided, no person
under the age of eighteen years shall-be punished by impris-
onment: Any such person shall be guilty of a separate
offense for "each and-every--,day during any, portion of which. a
violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished
accordingly.
Section-7. Severability If any part, section, sub-
section, sentence,-clause or phrase of this ordinance is for
any reason held to be invalid, such decisions shall not
affect the validity of the remaining portions of this ordi-
nance; and"the Town Council hereby declares that it would
have passed this ordinance, and each part, section, sub-
section, sentence, clause or phrase"hereof regardless of the
fact that any one or more parts,"sections, subsections,
sentences, or clauses or phrases be declared invalid:
INTRODUCED, PASSED ON FIRST READING,, APPROVED AND ORDERED
POSTED, THIS 22nd day of February, 1983 and a.public
hearing on thi's Ordinance shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado,
on the 8th day of March, 1983 at 7:30 P.M. in the Municipal
Building of the Town of Avon, Colorado.
Alldn R. NRttingham_. Aayor
T:
Patricia
Town Cler
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LJ
JD READING, APPROVED AND
)f March 1983.
heila R. Davis, Mayor Pro-Tem
0.3 2/17/83
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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 R.M. ON THE 22ND DAY OF
\ FEBRUARY, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE
'NO.#83=4, SERIES-OF 1983:
AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON TO-INCREASE FEES PAYABLE THEREUNDER, TO MAKE PROVISION WITH
RESPECT TO THE BOARD OF APPEALS AND TO MAKE OTHER CHANGES WITH
RESPECT TO THE AVON ADMINISTRATIVE CODE, AND TO'--PROVIDE A _PROCEDURE
FOR THE ISSUANCE AND REVOCATION OF TEMPORARY CE RTIFICATES_OF;OCCUPANCY,
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
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 passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this day of February, 1983.
AVON,
J
Patricia J. ogle,
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY ,7&--t;( ,1983:
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING
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