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TC Ord. No. 1983-04TOWN OF AVON ORDINANCE NO.83-4 i ~l 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 0 • 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 • • 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 - 3 - LJ JD READING, APPROVED AND )f March 1983. heila R. Davis, Mayor Pro-Tem 0.3 2/17/83 - 4 - 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 i