TC Ord. No. 1983-120
a
TOWN OF AVON
ORDINANCE NO. 83-12
Series of 1983
AN ORDINANCE REDEFINING CERTAIN SITUATIONS
EXEMPT FROM THE REAL PROPERTY TRANSFER TAX,
MODIFYING THE PROCEDURE FOR APPEAL FROM
DECISIONS RELATING TO THE REAL PROPERTY
TRANSFER TAX, AND PROVIDING PENALTIES FOR THE
VIOLATION OF CHAPTER 12 OF TITLE 3 OF THE
AVON MUNICIPAL CODE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Title 3, Chapter 12 of the Municipal Code of the
Town of Avon shall be amended by the addition of a new
subsection, identified as Subsection 3.12.020.F., which
subsection shall read as follows:
3.12.020.F. Deed in Lieu of Foreclosure means a
conveyance by a property owner to a secured party of
property which is the subject of a mortgage, deed of trust
or other security instrument, in consideration of the
cancellation of the indebtedness secured by such security
instrument.
Section 2. The introductory clause of Section 3.12.060 of
the Municipal code of the Town of Avon shall be amended to
read as follows:
3.12.060 Exemptions Unless the method of
transfer is contrived for the purpose of evading the real
property transfer tax imposed by this Chapter, the real
property transfer tax shall not apply to the situations
described below:
Section 3. Subsection M. of Section 3.12.060 of the
Municipal Code of the Town of Avon shall be amended to read
as follows:
M. Any transfer by deed or conveyance under execution
sale or foreclosure sale under a power sale or court decree
or lien foreclosure, sheriff's deed, public trustee's deed
or treasurer's deed, or any transfer by deed in lieu of
foreclosure, provided that transfers encompassed by this
section (1) shall be exempt only if the grantee is the
person, firm or entity holding the obligation or instrument
upon which the proceeding is based or which, in the case of
a deed in lieu of foreclosure, is being cancelled in ex-
change for the transfer and (2).shall be exempt only to the
extent of the obligation to be satisfied at the execution or
foreclosure(sale and any obligations to prior lienholders
paid from the proceeds of the sale)or in the case of a deed
in lieu of foreclosure, to the extent of the instrument
cancelled by the transfer.
Section 4. Section 3.12.070 of the Municipal code of the
Town of Avon shall be amended by the addition of a new
subsection, identified as Subsection C, which subsection
shall read as follows:
0 6
C. In the event an applicant for an exemption,
upon denial of the requested exemption by the Town Manager,
desires that the Town Manager consider additional material,
the applicant may, within the period otherwise provided for
appeal, apply for reconsideration by the Town Manager. In
such event, the Town Manager shall issue a decision upon the
application for reconsideration only subsequent to the
payment by the applicant of such expenses as may have been
incurred by the Town as a result of such reconsideration.
In the event the applicant fails to make payment of such
expenses within seven days of being advised that the Town
Manager's decision is available, the Town Manager shall deny
such application for reconsideration and the original
decision shall stand. In the event of denial of the
requested exemption upon reconsideration, the applicant's
period for appeal shall begin to run from the date of the
Town Manager's final decision. An applicant shall have the
right for reconsideration of an application only twice,
subsequent to which the decision of the Town Manager shall
either be accepted or appealed to the Town Council in
accordance with the provisions of this chapter.
Section 5. Violation and Penalty
A. Any person who fails or refuses to pay any
tax due under Chapter 12 of Title 3 of the Municipal Code of
the Town of Avon may be punished by a fine not exceeding
five hundred dollars or imprisonment for a period of not
more than ninety days or both such fine and imprisionment.
B. Any remedies provided for herein shall be
cumulative and not exclusive and shall be in addition to any
other remedies provided by law.
INTRODUCED, PASSED ON FIRST READING, APPRO
POSTED, THIS 22nd day of February
and a public hearing on this Ordinance sha
regular meeting of the Town Council of the
Colorado, on the 8th day of March
7:30 P.M. in the Municipal Building of the
Colorado.
VED AND ORDERED
, 1983
11 e eld at the
Town of Avon,
, 1983 at
Town of Avon,
Allan R. ottingham, Mayor
Patricia J.
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED this 8 day of March , 1983.
Sheila R. Davis, Mayor Pro-Tem
T:
Patricia i
Town Clerk
0.3 2/11/83
- 2 -
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 8TH DAY OF MARCH,
1983-AT THE MUNICIPAL BUILDING, 400 BENCHMARK-ROAD, AVON;-COLORADO.FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE.NO.#83-12, SERIES
OF 1983:
l AN ORDINANCE REDEFINING CERTAIN SITUATIONS EXEMPT FROM THE REAL PROPERTY
TRANSFER TAX, MODIFYING THE PROCEDURE.FOR APPEAL.FROM DECISIONS,RELAT.ING
TO-THE-REAL PREPERTY TRANSFER TAX, AND PROVIDING PENALTIES,FOR THE
VIOLATION OF CHAPTER 12 OF TITLE 3 OF THE AVON MUNICIPAL CODE.
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 'Z~P_~,I'Lday of February, 1983.
TO
'_Y
P
POSTED AT THE FOLLOWING PUBLIC PLACES WITHI
FEBRUARY,;- , 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